AC Repair: Who Pays, the Tenant or the Landlord in Israel?

In Israel, the allocation of mazgan repair costs depends on the cause of the breakdown: the tenant is responsible for routine maintenance, while the owner covers repairs related to wear and tear or structural components. Unlike in some other jurisdictions, there is no pre-established legal list dictating who must pay for each specific piece of equipment. Resolving disputes relies on examining the technical cause of the failure and the specific clauses written into the lease agreement.

Distinguishing between routine maintenance and structural repair of the mazgan

Managing an apartment in Haifa requires distinguishing between routine maintenance and major breakdowns. The tenant must ensure the regular maintenance of the device they use daily. This includes cleaning filters to maintain proper airflow and replacing remote control batteries. If the unit stops cooling simply because the filters are clogged with dust, the financial responsibility lies with the tenant.

The owner is responsible for the major components of the system. If the compressor stops working or if a gas leak occurs due to the aging of the pipes, these costs are their responsibility. This distinction is fundamental to avoiding tension during our property management. We analyze the nature of the intervention to determine who is responsible for the bill.

It is important to note a major difference compared to other systems: in Israel, the law does not provide a decree or an exhaustive list that automatically allocates repair costs between the two parties. In the absence of specific details in the lease, interpretation is based on the distinction between normal usage and technical equipment failure. To learn more about these concepts, consult our article on Repair Cost Allocation: Tenant or Owner in Israel.

The impact of Haifa’s climate on the lifespan of the unit

The city of Haifa presents specific environmental challenges. Proximity to the sea exposes the outdoor units of air conditioners to salt-laden air and high humidity levels. This saline corrosion accelerates the degradation of metal components and electrical circuits. An outdoor unit located on an exposed balcony may see its lifespan reduced compared to a unit located further inland.

To avoid disputes when a tenant moves out, we recommend hiring a professional to perform a building inspection (bedek bayit) at the time of the key handover. This inspection allows for the recording of the mazgan‘s operating condition and verifies the absence of premature corrosion. If a tenant moves into an apartment where the system is already weakened by sea air, they cannot be held responsible for its rapid failure.

Determining whether a breakdown results from negligence or wear and tear requires technical expertise. A technician must determine if the failure is due to a lack of filter cleaning (negligence) or the corrosion of the outdoor unit’s fins (environmental wear). This distinction is crucial for deciding whether the replacement cost should be charged to the owner or if it should be deducted from the security deposit.

Emergency management and specialized technician intervention

During periods of extreme heat, an air conditioning failure is an emergency for the tenant. The standard procedure involves the tenant contacting a repairman for rapid intervention. In many cases, the tenant pays the technician’s invoice directly to avoid service delays, then requests reimbursement from the owner upon presentation of the original invoice.

We recommend following a strict protocol for these interventions:

1. Inform the owner or manager as soon as the malfunction is detected.
2. Obtain written agreement (even via message) regarding the choice of technician and the type of repair.
3. Require a detailed invoice mentioning the exact cause of the breakdown.
4. Submit the invoice to obtain reimbursement or compensation.

The intervention must be performed by a qualified professional. Poorly executed work on the electrical system can damage the building’s installation or cause a short circuit. We systematically verify that the technician provides a document certifying the compliance of the installation after the repair.

Recovering costs via the shtar ’hov or security deposit

The shtar ’hov, or promissory note, is a widely used guarantee tool in Israel. It is a debt recognition signed by the tenant and their arev (the guarantor). However, the shtar ’hov should not be used as an all-risk insurance policy. It serves to cover property damage or unpaid rent, but using it for routine repairs or general maintenance costs is legally contestable.

If the breakdown is attributable to the tenant (for example, damage caused by physical impact on the unit), the owner may use the security deposit to cover the costs. To do this, we present the repair invoice as justification for the deduction. It is essential that the invoice is dated and explicitly links the repair to the damage noted during the move-in inspection.

It is vital to understand that the shtar ’hov does not replace tenant liability insurance. In Israel, a tenant can take out insurance to cover their civil liability, but this does not systematically cover the repair of equipment belonging to the owner. Managing these costs requires administrative rigor to prevent disputes from requiring court intervention.

Cost allocation in case of co-ownership and vaad bayit

Some air conditioning problems do not relate directly to the apartment, but to the building. If the mazgan failure is caused by voltage fluctuations or a failure in the general electrical grid, responsibility shifts. In this case, the owner must file a claim with the vaad bayit (the homeowners’ association) to obtain repairs or coverage for damages suffered by electrical appliances.

The link between building works and individual equipment is common. For example, if facade renovation work is undertaken by the vaad bayit and the air conditioner’s outdoor unit is damaged by debris, the co-ownership must assume the replacement costs. We always verify whether the outdoor unit is located on a common area or the tenant’s private balcony to determine the responsible party.

This complexity is even greater if the property is tied to an estate. In the event of yerusha, charges related to building maintenance and emergency repairs must be managed according to the rules of joint ownership. To understand how charges are allocated during a transfer of assets, consult our guide on Who pays apartment charges in case of inheritance in Israel?.

The role of the lease agreement in resolving repair disputes

In Israel, drafting the lease agreement is the most decisive step in preventing conflicts. Since the law does not define an automatic allocation list, the parties are free to define their own rules. It is possible to include specific clauses regarding the maintenance of appliances, such as the mazgan or the doud shemesh (solar water heater).

A clause might, for example, stipulate that the tenant agrees to have the filters professionally cleaned once a year at their own expense. Conversely, the owner can specify that any compressor replacement will be entirely their responsibility, unless negligence is proven. These details prevent divergent interpretations during a sudden breakdown. We use move-in/move-out inspection reports to arbitrate conflicts: if the air conditioner was noisy at the start of the lease, the tenant cannot be held responsible for the worsening problem.

The difference lies in this near-total contractual freedom. In Israel, if the contract stipulates that the tenant must maintain the mazgan comprehensively, that clause will prevail before a judge. Precise drafting is therefore your best protection against technical unforeseen events.