Maintenance & Tenancy Law • 6 min read

Fair Wear and Tear vs. Tenant Damage: Who Pays for Repairs Under Israeli Law?

✍️  |  Updated:

One of the most common friction points in any lease arises when something breaks: the air conditioner stops cooling in August, the solar water heater trips the circuit breaker in winter, or a drain backs up. Understanding the clear rules set by Israeli law prevents unnecessary disputes and keeps landlord-tenant relations fair and transparent.

The Legal Rule: Section 7 of the Tenancy and Borrowing Law (2017 Amendment)

Under Section 7 of the Israeli Tenancy Law (which is a mandatory protection in residential leases that cannot be waived to the tenant's detriment):

Mandatory Repair Timelines: 30 Days vs. 3 Days

Section 7(a) establishes two binding timeframes for repairs that fall under the landlord's responsibility, starting from the tenant's notification:

⏱️ Regular Defect – Within a reasonable time and no later than 30 days: Issues that do not prevent reasonable habitation (e.g., a jammed shutter strap in a secondary room or minor cosmetic wall dampness).

🚨 Urgent Defect – Within a reasonable time and no later than 3 days: Any defect that prevents reasonable residential use of the apartment—such as a burst water pipe, electrical panel failure, main sewage backup, or lack of hot water in winter.

Practical Comparison Table: 8 Common Household Repairs

Household Issue Fair Wear & Tear (Landlord Pays) Minor Upkeep / Misuse (Tenant Pays)
1. Air Conditioning Capacitor replacement, compressor failure, control board fault, or refrigerant gas leak. Clogged dust filters from lack of routine cleaning or dead remote batteries.
2. Plumbing & Drains Collapsed aging pipes, tree root intrusion, or corroded metal plumbing. Blockages caused by flushing wet wipes, grease, or foreign objects down toilets/sinks.
3. Solar Boiler (Dud Shemesh) Burned heating element/flange, faulty thermostat, tank leak, or blocked solar collectors. Damage caused by leaving the electric booster on continuously against instructions.
4. Dampness & Mold Rainwater penetration from roof/exterior walls or hidden internal pipe leaks. Surface mildew in a windowless bathroom due to never turning on the exhaust fan/ventilating.
5. Electrical System Faulty circuit breaker/RCD in main panel or worn-out wall sockets. Replacing burned-out lightbulbs or shorts caused by a defective tenant appliance.
6. Shutters & Windows Frayed shutter strap worn out by sun exposure or aging electric shutter motor. Broken glass from physical impact or slats snapped by forceful pulling.
7. Doors & Locks Worn internal lock cylinder mechanism or sagging entrance door hinges. Lost keys or a key snapped inside the lock due to misuse.
8. Bathroom Fixtures Internal leak in a concealed toilet cistern or worn main rubber seal. Cracked toilet seat from impact or replacing a consumable handheld showerhead hose.

Tracking Maintenance & Saving Repair Receipts for Tax Deductions

Clear documentation resolves 90% of maintenance disagreements. Have the tenant send a quick photo or video as soon as an issue appears, and keep every technician invoice. For landlords filing under progressive tax tracks or claiming capital improvement deductions against future Capital Gains Tax (Mas Shevach), every repair receipt directly reduces tax liability. With RentMate, you can log maintenance tickets, scan repair receipts with AI, and attach expenses directly to your annual property report.

Frequently Asked Questions (FAQ)

1. How quickly must a landlord repair a defect under Israeli Tenancy Law?
Under Section 7(a) of the Israeli Tenancy and Borrowing Law, a landlord must repair a standard defect within a reasonable time and no later than 30 days from the tenant's request. For an urgent defect that prevents reasonable habitation, the repair must be completed within a reasonable time and no later than 3 days.

2. Who pays for AC compressor, capacitor, or gas refills in a rented apartment?
Internal AC system failures—such as capacitor replacement, compressor faults, or refrigerant gas leaks—stem from normal wear and tear and are the landlord's responsibility. Routine cleaning of dust filters and replacing remote batteries are minor upkeep tasks handled by the tenant.

3. Can a residential lease shift all wear-and-tear repairs onto the tenant?
No. Under Sections 25N and 25O (25יד–25טו) of the Israeli Tenancy Law (Fair Rental Amendment 2017), Section 7 is a mandatory protection in residential leases and cannot be waived to the tenant's detriment.

Track Repairs, Receipts & Handover Protocols in One Place

Join RentMate to manage maintenance requests, scan technician invoices with AI, and protect your property with signed digital handover protocols.

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⚖️ Legal & Tax Disclaimer: The information in this guide is provided for general educational purposes only and does not constitute legal advice, tax advice, or a substitute for professional consultation with a qualified attorney or CPA tailored to your specific circumstances.