Broken a/c. Do I have any legal recourse? Israel

amother

Sun, Aug 02 2020, 9:20 am

Hi all.

Our a/c has been broken in and off but most recently it hasn’t worked since last Shabbos. (It’s a central unit that blows into the main living area only, and we’ve been supplementing with smaller portable units in the bedrooms—but they can’t do much on their own, especially since with little kids, and needing to prepare food and do laundry, etc, I can’t just hide in the bedroom all day.)

We live in a relatively cooler region of Israel (near Jerusalem) but our particular apartment is built in a way that is really exposed, does not ventilate, and just bakes in the sun.

Oh and I’m pregnant. I am quite non-functional and uncomfortable like this... to the point that my rav told me absolutely not to even try to fast on tisha b’av. So I didn’t. But I felt like I did! I literally just lay on the tile floor with my kids, trying not to move around too much.

The landlord is sympathetic but either powerless to get someone to come repair, or unwilling/unable to pay someone enough to come do the job... and meanwhile I am spending days kind of discombobulated and unable to sort laundry properly, work (I work at home), etc. Basically my productivity in this environment is at a standstill. Now my poor kids are home from camp too...

Is there anything I can do? Break the lease? Pay less rent this month? What rights do I have?

Any other advice? Thanks

rivkam

Sun, Aug 02 2020, 9:26 am

Does it say anything on your contract about the AC? That's the first place to look.
If it broke due to normal wear and tear, I think the landlord has to fix it. Again, in the contract there should be reference to how fast he has to fix it.

FranticFrummie

Sun, Aug 02 2020, 9:27 am

Why do you think your landlord is "unable" to repair the unit. He owns the apartment, right? Did you rent through an agency? If so, you need to go through them. Your rental contract should address things like "basic upkeep and repair".

I assume you are not a native Israeli. I learned the hard way that you really have to PUSH if you want anything done. Nag, nag, nag.

If that doesn't work, contact https://www.kolzchut.org.il/en/Main_Page, and they can help you defend your rights as a tenant.

Teomima

Sun, Aug 02 2020, 9:31 am

Like rivkam said, first and foremost it depends on if the ac is in the contract. If it is, you have the legal higher ground here.

What we used to do when we rented was hire and pay for repairs ourselves, then deduct it from the rent. Ask your landlord if this would be acceptable to them. They may just be too lazy to get it taken care of but not mind if you deal with all the hassle.

FranticFrummie

Sun, Aug 02 2020, 9:53 am

Teomima wrote:

This is the best way to do it, IMHO, but if you've already written a year's worth of rent checks to your landlord, he can refuse to do it that way.

Another thing, he may want to use the cheapest repair man he can find, instead of the best.

Rappel

Sun, Aug 02 2020, 10:04 am

Teomima wrote:

It's the only way to get things done.

amother

Sun, Aug 02 2020, 10:59 am

FranticFrummie wrote:

Another thing, he may want to use the cheapest repair man he can find, instead of the best.

Yes, I think this is least part of the issue. For several days at least we were waiting for the cheap guy who just never showed up. Then he decided to call the original installer (who I guess should still be standing behind his work) who also never showed up. Now waiting for another guy, who was supposed to come today but never showed up.

I don’t think the landlord is a bad guy. He is genuinely broke. Still... This isn’t right.

I doubt the a/c is mentioned in the contract though.

essie14

Sun, Aug 02 2020, 10:59 am

I always had to give a years worth of checks when we signed the lease. We never had any way to deduct repairs from the rent. In one apartment we ended up swallowing the costs of the repairs because we just could not live without AC. The landlord had the worst repair people ever. Every time he sent his people over the issue never got fixed and we had to hire our own person to take care of it anyway. He would say "you only hire anglos, they are too expensive"
Yeah, but they fix things the first time!

Teomima

Sun, Aug 02 2020, 11:17 am

amother [ OP ] wrote:

So this is where you need to summon your inner Israeli and call the guys yourself. Get the numbers from the landlord and call them. Demand a timeframe and if it's nearing the end, call them and nudge them. As long as you're not mean about it, it won't be considered rude at all. This is how things work here. If they're not showing up and you're not calling them, they'll figure you don't really need them that badly. They have plenty of work already. But if you're pushy (again, with the right tone, it's really not rude), they'll know you mean business, figuratively and literally.

Elfrida

Sun, Aug 02 2020, 11:25 am

essie14 wrote:

When I've been in this situation, I've saved the receipt and taken it off the next years rent.

My landlord is very uninvolved in what goes on with the apartment as long as it brings in money. I've found the best policy to ask who they prefer me to use, then make arrangements myself. I call their choice first, but if they don't turn up, I'm free to call anyone else.

amother

Tue, Aug 04 2020, 5:22 am

Thank you everyone for your help and advise!

Finally as of last night our a/c is fixed. It is life-changing!!

The formula that worked for us: Just wait for a week and a half, and the third repairman WILL show up a mere one day and two hours after he initially said he would. Easy.

I am truly grateful.