Repairs and Rental Maintenance in Ashkelon: Key Rules

In Ashkelon, the allocation of repair costs is based on the distinction between routine maintenance, which is the tenant’s responsibility, and structural or age-related repairs, which are the owner’s responsibility. The tenant handles the maintenance of equipment they use daily, while the owner is responsible for construction defects and the replacement of major elements. In the absence of an exhaustive legal list defining every type of work, proof of the property’s initial condition is the only way to resolve a dispute.

The condition of the apartment in Ashkelon: initial inspection to avoid disputes

Managing a rental in Ashkelon requires particular rigor from the moment the keys are handed over. Unlike in some other countries, you do not have a standard dossier of inspections (status of installations, electricity, gas) that defines the technical state of the property. In Israel, the responsibility to prove the condition of the apartment before occupancy lies with the parties involved. We recommend conducting a bedek bayit before move-in. This professional building inspection allows for a precise listing of the condition of hydraulic, electrical, and carpentry installations.

Ashkelon’s coastal environment requires specific checkpoints. We systematically check the sealing of the mamad, the secure room, because door seals and ventilation systems must be perfectly operational to guarantee security and insulation. We also check the operation of the doud shemesh (solar water heater) and the absence of leaks in exposed pipes. Documenting the condition of the apartment with dated photographs is the only method to contest subsequent degradation. Without this evidence, the owner cannot distinguish between normal wear and tear and damage caused by the tenant.

• Conduct a bedek bayit with a technician to list pre-existing defects.
• Take high-resolution photos of every room, including the inside of closets and ceilings.
• Test water pressure and flow in all bathrooms and kitchens.
• Check the condition of silicone seals around windows and the mamad.

Maintenance of climate and thermal equipment in Ashkelon

The climate in Ashkelon makes the use of the mazgan (air conditioner) indispensable for much of the year. The allocation of costs follows a logic of usage. The tenant must ensure routine maintenance: cleaning filters, clearing indoor units, and checking condensate drainage. If the mazgan breaks down due to dust accumulation or a neglected filter, the repair cost is the tenant’s responsibility. Conversely, if the compressor fails due to the end of its technical lifespan, replacement is the owner’s responsibility.

The proximity to the sea in Ashkelon accelerates salt corrosion. We proceed with inspections of outdoor units to check the condition of fins and casings. A unit whose structure is eaten away by salt requires preventive replacement by the owner to maintain the asset’s value. Regarding the doud shemesh, the tenant must ensure the cleanliness of the collection areas, but replacing heating elements or the tank is an owner’s expense. For high-end properties, such as during the phase of Equipping a penthouse before rental: key steps in Israel, we recommend installing equipment from recognized brands to limit these interventions.

Management of HOA fees and arnona

The distinction between private expenses and collective expenses is a frequent point of friction. vaad bayit (homeowners association) fees cover the maintenance of common areas: elevators, hallway lighting, stair cleaning, and garden maintenance. If the vaad bayit decides on structural work (facade renovation, roof repair), these costs are borne by the owner. The tenant cannot be held responsible for paying for improvements to the building’s structure.

The arnona (municipal tax) is a charge that follows the occupancy of the apartment. Although the owner is the legal taxpayer with the Ashkelon municipality, the lease generally provides that the tenant assumes the monthly payment. At the end of the lease, if the tenant has not settled their full consumption, the municipality may claim the balance from the owner. We advise checking the status of arnona accounts before the tenant vacates. In the event of reimbursement for vaad bayit fees advanced by the tenant for an emergency in the common areas, the owner must return the sum upon presentation of original invoices.

Structural repairs and building aging

The owner is responsible for the sealing of the apartment. In Ashkelon, water infiltration through facades or windows is frequent due to salty air and winter rains. If an infiltration occurs, the tenant is obligated to report it immediately in writing. If they delay doing so and water damages the walls or furniture, their responsibility may be engaged for aggravating the damage. We analyze the cause of the leak by bringing in a professional to determine if the origin is a structural failure (owner) or inappropriate use (tenant).

Unlike some legal systems that provide a precise list of tenant repairs, Israeli law is more fluid. Jurisprudence relies on the notion of « aging » versus « misuse. » A tile floor that cracks following an impact is the tenant’s responsibility. Tile that lifts due to ground movement or poor installation is the owner’s responsibility. For any heavy renovation work, we remind you of the principles of Apartment renovation in Israel: key safety rules so as not to compromise the integrity of the building during interventions.

The role of the shtar ’hov and the arev in damage management

Managing guarantees is a critical step in protecting your investment. Upon signing the lease, the tenant signs a shtar ’hov (promissory note). It is crucial to understand that the shtar ’hov is not insurance. It does not cover repairs related to aging or structural defects. It serves only to guarantee rent payment or to cover material damage caused by the tenant. If an element of the apartment wears out normally, you cannot use the shtar ’hov to finance its replacement.

The arev (the guarantor) intervenes if the tenant is unable to answer for their debts or damages. In the event of damage not covered by normal use (graffiti on walls, dented doors, broken glass), the owner can proceed with a deduction from the security deposit or act on the shtar ’hov. For these guarantees to be valid and enforceable, the initial inspection must be irreproachable. If the move-in document is vague, it becomes impossible to prove that the damage did not already exist, rendering the shtar ’hov ineffective for that specific dispute.

1. Verify the validity of the tenant’s teoudat zeout and their arev.
2. Ensure that the shtar ’hov amount is in line with local market practices.
3. Keep the signed inspection report as a contractual attachment.

Disputes and resolution of disagreements regarding work

In the event of a major disagreement, the first step is a formal notice. If the owner refuses to perform urgent repairs (gas leak, total electricity failure, security problem in the mamad) that render the apartment uninhabitable, the tenant can initiate procedures to obtain an injunction. In Israel, a tenant cannot unilaterally decide to suspend rent payments to offset the cost of their own repairs, except by judicial decision. This practice is risky and can lead to eviction for non-payment.

For problems concerning the maintenance of common areas, recourse should be sought through the vaad bayit or the Ashkelon municipality. If you must undertake significant renovation work to maintain the value of your property, keep the tax implications in mind. All repair invoices must be compliant to be deductible with the reshut ha-misim (the Israeli Tax Authority) during the declaration of mas hachnasa or when calculating our property management.