Breach of rental agreement in Israel – How to evict a tenant quickly?
What happens when a tenant violates the contract and does not want to leave?
Breach of rental agreement is a problem familiar to Israeli owners of rental properties. It is not easy to evict tenants who violate the lease contract and do not want to leave the property voluntarily. The owner is forced to petition the courts. Only after a lengthy investigation can an eviction notice be served to the tenant. Throughout this time, the tenant can reside in the property, without paying rent, without paying current expenses, or even damaging the property and its surroundings. According to our experience, a large number of tenants who violate the rental agreement do so with a predetermined goal of living in a “free” apartment until the completion of the lengthy eviction procedure. This article by attorney Alex Brosh, of the law firm of Cohen, Decker, Pax, Brosh in Petach Tikvah, will explain how a tenant can be evicted quickly when they breach a lease agreement.
The eviction of a tenant from a rented property can be a long and complicated process:
There is, of course, a chance that the court will require the tenant who violates the terms of the lease to pay owner compensation, including rent and damages. However, the amounts granted to property owners are not always sufficient to cover the actual financial damage. As long as the tenant is in the apartment, the landlord loses money on rent, current expenses, and possible damage. Also, the owner of the property must take into account that if the tenant is not paying the rent, he might be in serious debt, therefore the process of obtaining any sum will be long and difficult.
How to evict a tenant due to a breach of rental agreement?
The above-mentioned problem was heavily publicized. As part of the attempts to solve it, an amendment was made to the Israeli property law, enabling the filing of a claim for the eviction of tenants from a rented property in accordance with a special shortened procedure. This accelerated procedure enables the eviction of a tenant who is unwilling to comply with the terms of the lease agreement in the shortest possible time, thereby reducing both the financial losses and the mental burden of the owner of the rented property. Any landlord has the option to file a claim in accordance with this procedure (“Procedure for evicting a disobedient tenant“), or to use other possible eviction options.
What about compensation from the tenant?
It should be noted that the accelerated procedure focuses only on the eviction of the uncooperative tenant. The landlord is allowed (without the need to request special permission of the court) the right to file a separate claim for compensation towards financial losses and damage to the apartment. This way, the property owner can evict the unwanted tenant with relative ease, thus reducing his losses to a minimum. After the eviction, the owner of the property can file a damages claim without accruing further loss in the process.
It is best to formulate a well written rental contract in the first in the first place
In addition, it should be noted that you can reduce the chances of breach of lease and the hassle of evicting a tenant. A real estate lawyer will be able to help with the drafting of a rental contract which requires the tenant to compensate the property owner in the event of a breach of rental agreement.
Contact the law firm of Cohen, Decker, Pex, Brosh and Petach Tikva for legal assistance on real estate and rental matters.