This is a critically important question that addresses a situation no one wants to face. In Israel, the law provides protections for tenants whose rental properties become uninhabitable due to acts of war, such as a direct missile strike or significant shrapnel damage. The core principle is that a tenant cannot be expected to pay for a property that they cannot safely live in.
Here’s a breakdown of a tenant’s rights in this unfortunate situation.
The Principle of Uninhabitability
Under Israeli rental law, if the apartment (dira) is damaged to the point where it is no longer possible to live in it in a reasonable manner, the rental contract is effectively frustrated or suspended. You are generally not obligated to continue paying rent for a property that cannot serve its primary purpose.
Key Steps to Take and Your Corresponding Rights
- Immediate Notification: Your first responsibility is to notify your landlord (ba’al ha’dira) immediately about the damage. This should be done in writing (WhatsApp, SMS, or email) to create a clear record. Document the damage extensively with photos and videos as soon as it is safe to do so. For your own contents claim, note the Tax Authority deadlines: report the damage within roughly two weeks (about 14 days) of the incident and file the direct-damage claim within about three months.
- Rent Abatement (Stopping Rent Payments): From the moment the apartment becomes uninhabitable, your obligation to pay rent ceases. This is anchored in section 15(a) of the Hire and Loan Law, 5731-1971: where the tenant is prevented from using the property due to circumstances connected to it, and has not terminated the lease, the tenant is exempt from paying rent for the period use is prevented. Where the apartment is only partially impaired, section 9(a) lets you reduce the rent in proportion to the drop in rental value rather than stop paying entirely. The landlord is not entitled to rent for the period during which the property cannot be lived in. If you have paid rent in advance, you are typically entitled to a refund for the unusable period.
- Landlord’s Responsibility to Repair: The landlord is generally responsible for making the necessary repairs to restore the property to a habitable condition. However, this is where the government’s role becomes crucial.
- The Role of Mas Rechush (Property Tax Fund): In Israel, damage to property from acts of war is covered by a special government fund called Mas Rechush, which is managed by the Israel Tax Authority. The landlord must file a claim with this fund to receive compensation for the cost of repairs. A government appraiser (shamai) will visit the property to assess the damage and determine the compensation amount. Importantly, household contents (tchula) are compensated to their owner — which expressly includes a tenant — so as a tenant you file your own independent contents claim with the Tax Authority for your damaged belongings (furniture, appliances, clothing), separately from the landlord’s claim for the building.
- Termination of the Lease: If the damage is so extensive that repairs will take a very long time, or if the building is declared structurally unsound, both the tenant and the landlord typically have the right to terminate the lease agreement without penalty. The security deposit must be returned to the tenant in accordance with the law, assuming there were no pre-existing issues.
What to Do in Case of a Dispute
If a landlord insists on you paying rent despite the apartment being uninhabitable, you should not do so. This is a clear violation of your rights. Your first step should be to consult with a lawyer who specializes in rental law. Often, a formal letter from a lawyer is enough to resolve the issue.
In summary, Israeli law protects you. You do not have to pay for a service—shelter—that you cannot receive due to circumstances beyond anyone’s control, especially in a national security situation.
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