Tel Aviv Court Overturns Ruling Against Tenant in Disputed Renovation Payment Case
The Tel Aviv-Jaffa District Court overturned a lower court ruling that had ordered tenant Irina Kapsalon to pay about 65,000 shekels to contractor Mohammad Sandouka. Sandouka had claimed he renovated her kitchen and shower and sought payment via four post-dated checks. When the first check bounced, he alleged Kapsalon asked to exchange the checks but never paid him. Kapsalon denied any knowledge of the contractor or the renovation, stating the signed checks were stolen from her.
The Bat Yam Magistrate's Court initially ruled fully in favor of Sandouka, relying on testimony from his business partner who said he personally received the checks and installed the kitchen. Kapsalon appealed, arguing the contract was unsigned, the invoice contained contradictions, and a new claim that another person ordered the work on her behalf was improperly introduced late in the proceedings.
The District Court found the case was incorrectly treated as a "negotiable instrument" claim rather than a standard contractual dispute, placing the burden of proof on Sandouka to show the work was done. Evidence showed the contract was only presented signed a year after the lawsuit, with no original document, and Sandouka admitted he cannot read Hebrew. Crucially, he testified he never visited the apartment or spoke with Kapsalon, and his partner could not identify her or describe the apartment. The court did not determine how the signed checks reached Sandouka but ruled he failed to prove the renovation was performed for Kapsalon, dismissing the claim.
Kapsalon was initially ordered to pay 65,000 shekels including legal fees, but the District Court reversed this and ordered Sandouka to pay her 20,000 shekels in legal costs. Attorney Aner Abilov, specializing in commercial litigation, explained the distinction between negotiable instrument claims and contractual claims, emphasizing the importance of signed contracts and proactive legal steps when checks are lost or stolen. He advised immediate police reports and bank notifications to protect against fraudulent claims and recommended seeking declaratory relief to cancel checks suspected of misuse.
