Court Awards Tenant Less Than Half of Landlord's Claim

A property manager sued a tenant for NIS 73,479 over alleged unpaid rent, property taxes, water bills, painting costs, and waste removal after she vacated an apartment in Mazkeret Batya. However, the Magistrate's Court in Rishon LeZion found significant flaws in the manager's case. The court noted that the manager's payment records were handwritten and inaccurate, and his appraiser had assessed the apartment after it had already been cleaned and painted, even presenting an appraisal for a different property during the hearing.

Senior Registrar Limor Nissim-Lev ruled that the tenant, Yosefa Tamir Barak, would pay NIS 30,019, less than half of the amount claimed. This figure included a NIS 4,000 deduction for water damage and mold that the landlord was aware of. The apartment belongs to Ilana Blilaty, and the lawsuit was filed by Yaakov Malach, who manages the family's properties.

Malach claimed the tenant failed to pay rent for May and June 2021, relying on handwritten notes on the lease agreement. Under cross-examination, he admitted these records contained errors and did not provide bank statements, despite being able to obtain them. Correspondence from the period also contradicted his claim; after the tenant sent a payment confirmation in June, he replied "Thank you," and in August, he demanded NIS 5,000, not for two months' rent. The registrar distinguished between a late payment and non-payment, rejecting the claim for NIS 10,000 for those two months.

Regarding the period after the lease ended, the tenant argued that the move-out date was agreed upon by lawyers. While the registrar accepted this, she stated that agreeing on a departure date does not exempt the tenant from payment. Although Malach offered to extend the lease in mid-August for NIS 5,300 per month, no agreement was finalized. Consequently, the tenant was ordered to pay NIS 11,666, based on the original rent of NIS 5,000 per month.

The tenant sought a rent reduction for four months due to water damage and mold, claiming it made showering impossible. Malach himself had acknowledged a recurring issue with water damage in January 2021. The tenant reported in August that the apartment was full of mold and unusable for showering. A subsequent tenant also testified to mold and peeling walls. The registrar acknowledged the tenant's right to reduce rent for unrepaired defects but found that the tenant had not proven a loss of use of half the apartment. The reduction was set at NIS 4,000.

Most of the damages claim, NIS 21,879, was based on an appraisal by Yinon Shitrit. He admitted to assessing the apartment based on videos after cleaning and painting had occurred. The registrar noted that Shitrit presented an appraisal for a different apartment during the hearing, which he attributed to handling similar cases involving the same tenant. While not deeming it collusion, the registrar found the error diminished the appraisal's weight. Work done on the apartment, such as painting and plastering, totaling NIS 13,200, was rejected as the damage could not be separated from general wear and tear over two years. NIS 2,500 for waste removal was also rejected. Only NIS 1,800 for cleaning and NIS 1,200 for an electric shutter were awarded, based on the new tenant's testimony about the apartment's poor condition.

Other rejected claims included NIS 2,087 in late fees, as the manager did not prove the amount owed. Legal fees for warning letters and for the period the apartment was vacant were also dismissed. The tenant's claims for NIS 5,800 in brokerage fees and NIS 15,000 for emotional distress were rejected. She was ordered to pay NIS 15,843 for property taxes and NIS 1,755 for water, with adjustments for periods she did not reside in the apartment. The tenant will also pay court fees of NIS 918, NIS 500 to the witness Mali Keisar, and NIS 5,314 in legal fees.