Lease Clause and Mamad Usage: The Technical Inspection

Integrating a secure room (the mamad) into a lease agreement requires precisely defining the technical condition of the reinforced door and the security window during the move-in inspection. The lease must allocate maintenance costs for the ventilation system and the mazgan between the tenant and the landlord. Finally, any structural modifications to the room must be prohibited to ensure compliance with Israeli security standards.

The operational status of the mamad during the move-in inspection

A move-in inspection in Israel cannot be limited to a simple visual description of walls and floors. For a secure room, we conduct a technical verification of the components that ensure its protective function. A simple mention of « good condition » is insufficient to protect the landlord in the event of a later dispute. We systematically verify the following points:

• Verify the seal of the reinforced door joints and the locking mechanism to ensure no abnormal effort is required to close it.
• Test the seal of the security window (shabat) against water and dust infiltration, a critical point during heavy rain periods.
• Check for the absence of structural cracks on the reinforced walls to avoid any dispute regarding the tenant’s responsibility for the building’s integrity.

If any doubt remains regarding the quality of the closure or the seal, we recommend calling a professional specializing in metalwork. This technical report becomes an attachment to the lease. If degradation is noted when the tenant moves out, this document allows for a justified repair request to the arev or for deducting the costs from the security deposit. This rigor prevents pre-existing defects from being attributed to the tenant, or vice versa.

Allocation of maintenance costs for ventilation and air conditioning systems

The secure room (mamad) is a space where the airtight seal naturally limits air circulation. This characteristic requires rigorous management of air renewal and cooling systems. Without a precise clause, the landlord risks bearing maintenance costs that are normally the responsibility of the tenant’s daily usage.

We distinguish three levels of responsibility when drafting clauses:

1. Routine maintenance: the tenant is responsible for cleaning the mazgan filters installed in the secure room and replacing the batteries in smoke or gas detectors, if present.
2. Technical maintenance: the replacement of electrical components specific to the ventilation system (extractors, air renewal motors) is the responsibility of the landlord, unless the failure results from abnormal use.
3. Structural repairs: any failure related to the original installation or the natural wear of the ventilation ducts is the responsibility of the landlord.

This distinction is crucial because the ventilation system of a mamad is a technical equipment distinct from the standard air conditioning of the apartment. Poor filter maintenance can lead to excessive electricity consumption or a costly motor failure. By clarifying these points, we avoid endless discussions during repair billing. For high-end properties, such as large apartments, this management is similar to that described in our article on the Penthouse Lease Clause in Israel: Terrace and Equipment.

Use of the secure room and compliance with security standards

The mamad is a room whose primary function is civil protection. Its technical configuration (thick walls, reinforced door, reinforced window) allows no modifications without expert intervention. The lease must contain strict prohibitions to preserve the room’s certification.

We systematically include clauses prohibiting the tenant from modifying the walls or drilling holes to install shelves or supports without the landlord’s written consent. Any unauthorized modification can compromise the seal or the structural resistance of the room. Furthermore, we remind tenants of the prohibition against storing flammable or dangerous products in this enclosed space, as the room’s airtightness makes the evacuation of gases or smoke extremely difficult in the event of an incident.

The use of the room must also be regulated. If the tenant decides to use the mamad as an office or additional storage space, the lease must specify that this must not obstruct the operation of the ventilation systems. Unlike the use of a terrace, where rules often concern aesthetics or noise, here the rules concern vital security. For a complete understanding of annex spaces, consult our guide on the Penthouse Terrace Usage Clause in Israel.

Management of noise nuisances and acoustic insulation

Although the walls of the mamad are designed to protect against impacts, they can sometimes create acoustic resonance phenomena. If the tenant transforms the room into an entertainment room or an office with heavy IT equipment, vibrations can be transmitted to the rest of the apartment or to neighbors through the building structure.

The lease must regulate this usage to prevent the landlord from being held accountable by the vaad bayit. We recommend establishing the following responsibilities:

• The tenant is responsible for installing anti-vibration devices if the use of the room generates noise nuisances.
• Any degradation of the acoustic insulation (for example, by removing specific seals or panels) is the responsibility of the tenant.
• The use of the room must in no way violate the building regulations regarding noise nuisances communicated by the vaad bayit.

It is useful to differentiate normal use (security, light storage) from activities generating nuisances (music, industrial office equipment). This distinction helps protect the landlord against claims from other residents in the building.

Energy consumption and impact on building charges

The airtightness of the mamad creates a microclimate. If the room is used intensively for work or storage, the air conditioning will need to run more frequently to maintain a tolerable temperature. This has a direct impact on the electricity bill and, in some cases, on the overall thermal management of the apartment.

We clarify in the lease that if the use of the room results in energy consumption disproportionate to the total surface area of the apartment, the tenant assumes all costs. Furthermore, if the use of the mamad ventilation systems impacts the collective ventilation systems of the building, the regulation or repair costs will be charged to the tenant. This precision is necessary to prevent the landlord from suffering an increase in their building association fees due to the tenant’s lifestyle habits.

Liability clauses in case of secure structure defects

A technical defect in a reinforced door or a security window is not a simple carpentry failure; it is a failure of security equipment. The lease must provide a rapid response procedure. If a defect is noted after moving in, the tenant must inform the landlord or our property management in writing within a very short period.

We distinguish two types of recourse:

1. Technical recourse: in the event of a major failure, the landlord may call upon a professional to perform a building inspection (bedek bayit) or a technical expertise. The costs of this intervention are borne by the landlord if the defect is structural, or by the tenant if it is related to improper use (e.g., impact on the door).
2. Liability recourse: if the defect is due to normal wear and tear, the landlord repairs it. If the defect results from negligence (e.g., leaving the door open with the locking mechanisms forcibly engaged), the tenant is held liable.

This distinction is fundamental to prevent the landlord from being held responsible for a security defect that does not fall under their maintenance, or for the tenant finding themselves paying for the technical obsolescence of the building.

Landlord protection via shtar ’hov and guarantees

The presence of a secure room (mamad) increases the technical value of the apartment, but also the potential cost of repairs. It is therefore necessary to adapt financial guarantees to cover these specific pieces of equipment.

When drafting the contract, we verify two essential points:

• Adjustment of the shtar ’hov: the landlord’s insurance must specifically cover the security equipment of the secure room (reinforced door, ventilation systems, security windows) for their replacement value and not just the value of the apartment.
• The strength of the arev: we verify the guarantor’s ability to cover heavy repairs. If the tenant is an individual without significant income, the commitment of the arev via a shtar ’hov (promissory note) must be supplemented by sufficient guarantees to cover material damage to security elements.

The shtar ’hov is not insurance; it is an acknowledgment of debt. It guarantees that the tenant or their guarantor will pay the amounts due in case of degradation. By linking the execution of these guarantees to material damage found on security elements, we ensure financial protection consistent with the technical reality of the real estate asset.