Jerusalem Court Denies Grandson Protected Tenancy Rights in Grandfather's Apartment

A Jerusalem court has ruled against a grandson's attempt to inherit protected tenancy status in his grandfather's small Jerusalem apartment, rejecting his claim that he lived with his grandfather for at least six months prior to his death. The apartment, located on Malchei Israel Street, was rented by the Porat Yosef Yeshiva to the grandfather, Shalom Buzaglo, and his wife for decades under protected tenancy. After the wife's passing and then Shalom's death in July 2023, his grandson, Shlomi Bezak, claimed the right to continue living in the apartment as a successor tenant under Section 20(b) of the Protection of Tenancy Law.

To qualify, Bezak needed to prove he resided with his grandfather for at least six months before his death and that he did not own another residence. The court placed the burden of proof on Bezak. He presented a Ministry of Interior address change as evidence of his move in June 2020, but the judge noted that an address change alone is insufficient to prove residency for the required period.

The yeshiva's property manager testified that Bezak only approached him in late 2021 claiming to have moved in, and that the grandfather had always stated he lived alone. He also argued that the apartment's cramped conditions made shared living impossible. Bezak's claims were further undermined by the lack of evidence like shared utility bills and inconsistencies in visual evidence, such as a photograph showing a different sofa than the one observed by the yeshiva's representative.

Crucially, the court highlighted Bezak's failure to call the grandfather's caregiver as a witness. The judge deemed the caregiver the only impartial party who could have attested to the grandfather's living situation, noting a recording where she stated he lived alone. Bezak's assertion that the caregiver was forbidden to testify was made only after the recording was presented and lacked supporting evidence.

Ultimately, the court found that Bezak failed to prove the primary condition of cohabitation. While he was found to not have another residence, this was insufficient to grant him protected tenancy. Bezak has been ordered to vacate the apartment by November 2nd, pay protected rent from the date the lawsuit was filed until his departure, plus interest. The yeshiva's claim for market-rate usage fees was dismissed due to a lack of proper valuation evidence.