Hebrew
How Do You Evict a Non-Cooperative Tenant Who Blatantly Violates the Terms of the Lease?
Precisely for this situation, there is a procedure dedicated to removing a problematic tenant from the apartment or house by the owner of the property. This is a special procedure in Israeli law called "a claim for the eviction of an unprotected tenant." In English-speaking countries, it is sometimes referred to as a suit of "unlawful detainer." The purpose of the proceeding is, inter alia, shortening the process of eviction from the property. Therefore, in certain cases it is possible to obtain a ruling requiring the vacancy of the tenant from the apartment within 60 days of filing the claim.How Does a Claim for Eviction Work in Israel?
The procedure begins with the submission of a statement of claim including affidavits and the submission of all necessary documents relating to the legal process to the proper court that can hear the application. After submitting the claim to the court, the tenant will have the right to file a statement of defense within 30 days. Once the defense is submitted, the court will set a date for the hearing within 30 days (a very short period of time, by Israeli court standards). The core power of this specific legal mechanism is to isolate the physical possession of the property from all other peripheral issues. In a standard lawsuit, a problematic tenant can drag out a trial for months or even years. They will bring up counterclaims, repair disputes, or complex arguments to delay a verdict for as long as possible. The only keeping the question of “does the tenant have a legal right to occupy the property right now?”, the court eliminates the tenant’s ability to stall. This will ensure the case moves from filing to a final eviction order in a very short period of time by Israeli court standards.What Can Be Requested in the Eviction Suit?
In this proceeding, it is possible to ask the court for nothing more than a writ of eviction. In other words, such a suit cannot include a claim for money as compensation for loss of rent or compensation for other damages.What about the Evicted Tenant's Unpaid Rent?
Choosing the fast route to reclaim your property does not mean forfeiting the money the tenant owes you. Landlords are fully entitled to sue for outstanding rent, unpaid utility bills, and compensation for any physical property damage. They do this in a separate legal proceeding. Depending on the total financial loss, the secondary claim can be put into two categories:- Small Claims Court: Better for law-value disputes, provided the cumulative claim does not exceed the current statutory ceiling of NIS 39,900
- Magistrate’s Court Civil Track: Used if the unpaid rent and property damages surpass the small claims limit
