Jerusalem Court Rules Against Grandson in Protected Tenancy Dispute

A Jerusalem court has rejected a grandson's claim to inherit protected tenancy rights in his deceased grandfather's small apartment. The Jerusalem Magistrate's Court ruled that the grandson failed to prove he lived with his grandfather for the legally required six months prior to the grandfather's death in July 2023. The apartment, located on Malkei Israel Street, is described as minuscule, with a shared outdoor toilet and shower over the toilet.

The lawsuit was filed by a charitable organization that owns the property, seeking the grandson's eviction. The grandson argued he had been living with his grandfather since June 2020, which would have qualified him for protected tenancy. He presented a photograph of himself and his grandfather sleeping in the same bed and testimony from an acquaintance as evidence.

The organization contended that the grandson did not meet the legal requirements and had other housing options, such as living with his parents or aunt. They sought 4,000 shekels per month for his unauthorized occupancy.

While the judge dismissed the organization's claims about the grandson having other housing, she found the evidence of cohabitation unconvincing. The acquaintance's testimony was deemed partial, and the photograph was considered staged. A crucial factor was the grandson's failure to call the caregiver who attended to his grandfather several days a week for years, whom the court believed could have independently verified the grandson's presence.

Consequently, the court ordered the grandson to vacate the apartment within two months. He was also ordered to pay standard symbolic sublease fees and 15,000 shekels in legal costs, but the organization's demand for 4,000 shekels per month was rejected.