Tenant-Landlord Relations
Serious Cultural Differences are the Main Problem

And this is why we try to solve problems by “speaking” to the divergent sides and not just sending letters. Please remember that we have more than 50 thousand lawyers in this country – believe me when I say that too many unnecessary letters are sent everyday accomplishing absolutely nothing.

We try to narrow the cultural gap, but your cooperation is much needed. You have to compromise and understand a very strong point regarding the client-lawyer relationship.

Sometimes a client wants to feel “protected and well represented”. I’ve heard sentences such as: “I want you to teach them a lesson” or “please explain every step of your work” (can you imagine a free legal aid organization doing that? We can’t!); and even “I don’t care if I have to reach the Supreme Court”. If we were to follow those guidelines we would accomplish very little and not solve any problems.

I understand that for many new immigrants it is very hard to deal with a completely new legal system. Add to that the factor of a new and strange mentality (especially the Israeli mentality!) in a situation where the new immigrant feels under pressure and you have the perfect recipe for disaster!

The American way of doing business as opposed to the Israeli way:

In Israel a “Custom” (“Minhag”) is still not the law (“Chok”), but custom can be the law (“Din”), therefore we all must find a way to bind to the Israeli laws and customs.

In America it is illegal to write and give post-dated checks – in Israel this is regular business practice.

In America security deposit checks are not post-dated, they are cashed by a 3rd party escrow agent (law firm or real estate management company) who holds the money until about 15 days after the contract has ended giving the landlord an opportunity to submit claims against the tenant for repairs – or allow the tenant to have their money back. You may not understand, but in Israel the security deposit can (and should in my opinion) be post-dated for the end of the contract period, but it is not always done that way! And the deposit check is held by the landlord himself.

In America, a “reasonable period” for responding to serious deficiencies requiring repair would be no more than 48 hours. And in a case where, for example, water is pouring out of a wall it would not be unreasonable to expect repair within a few hours. In Israel, where water is scarce this should receive top priority, but it doesn’t always because “no one is in a hurry” (except the tenant living under extreme conditions).

In America, laws protect the tenant and landlords are held accountable. In Israel, things often seem to be quite a bit more relaxed on this issue and that’s why there are so many “slum” landlords getting away with renting places that are uninhabitable! Some new immigrants have suffered material losses as their possessions are ruined - while landlords continue to refuse to fix the problem. Others have needed to move from their current nightmare apartments to a better place because they could not stand staying another month in that place.

And because so many of these new immigrants used to be responsible homeowners but can’t afford to buy even a small apartment at Israeli prices, the frustration of dealing with unethical, inconsiderate landlords makes many people even consider moving back to America because their Aliyah seems unbearable for them.

This is where we step in, but you must trust us and let us handle the problem in order to solve the problem as fast and “clean” as possible.

I suggest you read this article: http://lawadv.com/userfiles/I_know_the_Shepherd.pdf

There is a “catch” though. Sometimes, due to pressure or just what may seem like a lack of empathy we may sound “not very sympathetic” to your problem. Please forgive us! We are aware of these communication problems and we try our best.

A word of wisdom:

Like in a divorce case, emotions are always an enemy to your best interests. In a contractual dispute you must use the best tools you have: your brains and your lawyer.

Try not to “sweat the small stuff”, trust your lawyer and think rationally - aiming to solve the problem as quickly as possible with the least amount of stress.

It may seem confusing and frustrating, but we do have your best interest in mind and we will do the best we can to achieve what’s best for you.
 

Sincerely,
 

Tzvi Szajnbrum, Attorney at Law