Jerusalem Court Denies Grandson Protected Tenancy Claim in Tiny Apartment

A Jerusalem Magistrate's Court has rejected a grandson's bid to be recognized as a protected tenant in his late grandfather's two-room apartment on Malchei Yisrael Street. The court ruled that the grandson failed to prove he lived with his grandfather for the required six months prior to the grandfather's death in July 2023, a prerequisite for inheriting protected tenancy status.

The apartment, described as extremely small with an external toilet and a shower located above it, was the subject of an eviction lawsuit filed by the property's owner, a registered non-profit organization. The grandson claimed he had been living with his grandfather since June 2020, making the apartment his center of life. To support his claim, he presented a photograph of himself and his grandfather sleeping in the same bed and called a friend who testified the grandson was always present at the apartment.

However, Judge Dorit Feinstein expressed skepticism about the living arrangements, stating it was difficult to believe both individuals genuinely resided together in such a confined space. She noted that the grandfather, being elderly and a widower, was likely alone most of the time. The judge gave little weight to the friend's testimony, as the friend admitted to only visiting in the late afternoon, providing partial knowledge at best.

Furthermore, the judge found the photograph of the two in bed to be "tendential and intended to convince that they got along in a very limited space." Crucially, the grandson did not call his grandfather's caregiver, who had worked there for years and would have likely noticed signs of another person living in the apartment, such as extra food or toiletries. The court concluded that the grandson had not proven his actual cohabitation with his grandfather.

Consequently, the grandson was ordered to vacate the apartment within two months. The court dismissed the non-profit's claim for fair usage fees of NIS 4,000 per month, instead ordering the grandson to pay only modest protected tenancy rent, estimated at a few thousand shekels annually, plus NIS 15,000 in legal fees.