Tenant has the keys but refuses to leave Israel: what the law says

When a tenant refuses to vacate the property despite the end of the lease, recovering the keys cannot be done by force. You must initiate an eviction proceeding through the family court to obtain an eviction order. This legal process is the only lawful way to clear the apartment and regain full possession of your property.

The use of the shtar ’hov in the face of refusal to vacate

The shtar ’hov is a document frequently used when signing a lease in Israel. It is a promissory note signed by the tenant and, often, by their arev. Many owners make the mistake of considering this document a guarantee of immediate payment or insurance against prolonged occupation. In reality, the shtar ’hov does not grant any right of forced access to the property and does not allow you to collect a sum of money to compensate for illegal occupation without an enforceable title or a court decision.

If the tenant occupies the premises without right, you cannot simply cash the shtar ’hov to cover the lost months of rent. Cashing such a sum without prior legal procedure can be challenged in court. The actual utility of the shtar ’hov in this situation is to serve as material evidence of the tenant’s initial financial commitment. It assists your attorney in demonstrating the debt to the judge when requesting damages for the unauthorized occupation. The document proves that the tenant acknowledged a debt to you, which accelerates the recognition of the financial loss suffered during the period of illegal occupation.

• The shtar ’hov guarantees a debt but does not replace the right of occupation.
• Directly cashing the promissory note does not allow for the removal of an occupant.
• The document serves as a calculation basis for late fees before the court.

The eviction procedure through the family court

In Israel, housing litigation falls under the jurisdiction of the family court. To recover your apartment, you must file an eviction request. This procedure can take two forms depending on the urgency and the nature of the dispute. A standard procedure follows the regular judicial calendar, while an emergency procedure, based on a request for an injunction, aims to obtain a rapid decision if the tenant is clearly acting in bad faith or if the lease expired long ago.

Once the judge has issued the eviction order, the execution is not the responsibility of the owner. You must request the intervention of an Israeli bailiff. It is this judicial officer who is authorized to coordinate the eviction, verify the removal of the tenant’s belongings, and return the keys to the owner. Attempting to change the locks yourself or entering the apartment before the bailiff’s intervention constitutes a criminal offense. We recommend coordinating this step with an attorney to ensure the bailiff has all necessary elements, including the tenant’s teoudat zeout if known, to precisely identify the occupant.

Managing unpaid arnona and vaad bayit during unauthorized occupation

During the period when the tenant occupies the property without right, property-related charges continue to accrue. The municipality issues arnona bills in the name of the owner or the occupant, but non-payment directly impacts your situation. Similarly, vaad bayit fees, which cover building maintenance, are due monthly. In cases of illegal occupation, these debts accumulate on your account or the homeowners’ association account, which can lead to legal action from the municipality or the building management.

The first step is to send a formal demand letter to the tenant for the settlement of arnona and vaad bayit. This step is essential before including these amounts in the overall legal claim. If you wish to rent from abroad, you must anticipate these cash flows: it is often preferable to pay these charges to avoid late penalties and seizure procedures, then claim them back from the tenant through the eviction process. The court can then order the reimbursement of these specific costs, considered as asset maintenance charges during the illegal occupation.

We systematically verify municipal and building management accounts to identify every amount unpaid by the tenant. This allows us to integrate these precise figures into the compensation claim file. Do not let vaad bayit debts accumulate, as this can degrade relationships with neighbors and the management of the building.

The move-out inspection and mamad verification

Recovering the keys is not the end of the process. Once the occupant is evicted, you must conduct a rigorous technical inspection. Attention must be paid to structural elements and specific equipment that are often damaged during contentious occupations. A critical point concerns the mamad. This secure room is a major structural element of the apartment. If the tenant attempted to modify the door or the locking systems, an inspection by a professional is necessary. To understand the responsibilities in case of damage to this element, consult our article on Mamad door repair: is the tenant responsible in Israel?.

The inspection must also cover the following technical installations:

• The doud shemesh: check the condition of the tanks and the absence of leaks on the roof.
• The mazgan: test the operation of the indoor and outdoor units.
• Plumbing and electricity: ensure that no unauthorized modifications have been made.

We prepare a detailed move-out report. If the conflict is still ongoing, we have the damages verified by a professional or a neutral witness. This document is the key piece for justifying the withholding of funds from the shtar ’hov or for requesting additional damages from the court. Without a precise report, it is difficult to prove that the damages were not present before the tenant moved in.

Key recovery and securing access to the property

As soon as the bailiff has cleared the premises and the keys have been handed to you, the priority is the immediate securing of access. Even if the tenant appears to have left permanently, the presence of duplicate keys with third parties is a major risk. You must imperatively proceed with changing the lock cylinders on the front door. This measure should not be delayed, as it prevents any unauthorized re-entry by the former occupant or a third party who had access to the keys.

It is also necessary to verify if duplicate keys were given to the vaad bayit or to maintenance companies working in the building. Within the framework of rental management, we formally request that these entities no longer hold keys for this apartment. If the handover of keys occurred in a context of open conflict, we proceed with a written record of the key handover, noting the time and the persons present, to avoid any later dispute regarding the date of repossession.

If you need to Change the tenant’s name on an edelot contract: procedure and guarantees for a new lease, ensure that the new contract explicitly states that the previous occupant has no further rights of oversight or access to the property. The transition must be clean to prevent the former tenant from claiming they left personal belongings or occupation rights.

Tax impact and managing the reshut ha-misim during prolonged vacancy

Prolonged illegal occupation transforms a rented property into a vacant property, which modifies your tax situation with the reshut ha-misim. Although you are not receiving rent, you must maintain rigorous accounting to justify the absence of income. The period of unauthorized occupation must be declared as a loss of rental income. This is crucial for the calculation of your mas hachnasa (income tax) and to avoid any suspicion of income concealment by the tax authorities.

All expenses incurred to resolve the dispute are deductible charges. This includes:

1. Attorney fees for the eviction proceeding.
2. Bailiff fees for the execution of the order.
3. Repair costs following the technical inspection.
4. Costs for replacing locks and securing the property.

We keep all invoices and court orders to document these expenses. These documents serve as proof to the reshut ha-misim that the deducted amounts correspond to real costs related to managing the non-payment and forced vacancy. Accurate documentation helps protect your tax situation and reduces the impact of this non-profitable period on your annual declaration.