Rental Issues and the Small Claim Courts

Among the most popular issues when dealing with rents you will find: unpaid bills, the division of the bill`s amount when subletting or when the apartment was divided into two (most likely not legally done) by the landlord, the general condition of the apartment when the contract ends and defects that were supposed to be fixed by either parties.

The most problematic of all is the condition of the property when the contract ends and here I would like to emphasize some points:

Before signing the contract, be sure the property you are renting “looks” as it is described in the contract. Generally it says “…in perfect condition” or “…the tenant will paint the property when the contract ends...” or “…the tenant will not be entitled to any kind of claim concerning defects in the property when the contract ends”. If one of these or anything similar appears in the contract, do not sign it! It is strongly advised to consult a lawyer and change the text content.

What is Clear for You Might Not be Clear to the Judge

If you consider yourself a clean person but the landlord thinks you are NOT clean at all, you may find yourself in a court room sued by the landlord for expenses he/she had cleaning the property.

To avoid this problem please take a few precautions before handing the key to the landlord.

Clean the place as never before. Take many pictures (good and clear pictures) of the property; take pictures of every wall, the bathrooms and especially the kitchen. Leave nothing of yours in the apartment, especially not empty boxes. If necessary ask a friend to inspect the place with you. Only then, make an appointment with the landlord and be ready to move out within 24 hours before the end of the contract because if something goes wrong, you may need few more hours to fix the defects.

Remember that if the case ends up in court it will be later, after a new tenant rents the property. Also remember the judge never saw the property before you rented it and will never ever see it after you leave. All he has are the claim and the defense and some pictures.

The Final Touch

There is no final touch. A claim must be a very clear and short document, so well done it won`t be necessary to explain anything else to the judge.

There is no need to give a speech in the courtroom but there is an imperative need you come to court “innocent”. You must show you did everything you could not to be in the courtroom but reach an agreement. If you had any obligations by the contract, make sure you fulfilled all of them.

Conclusion

Do your homework before and be sure your case can be presented in a way the judge understands it. Consult with a lawyer and then, and only then, are you ready to win!

Good Luck

Tzvi Szajnbrum, Attorney at Law