Amy Horn


Revision Of Rental Agreement

For landlords who want to easily guarantee their rental income Although most of the city`s residents rent or rent apartments, not everyone is aware of the fundamental rights that a rental agreement must contain. In order to put an end to the misunderstandings and create a standard protecting both parties, the municipality of Tel Aviv-Yafo has developed a recommended lease. The notarized lease is established and signed by the notary and the parties. The rental agreement contains the obligation to rent, the notary issues a mandatory copy to the lessor. The latter will enable him to obtain the forced enforcement of the tenant`s obligation, as would be a judicial decision. The lease can therefore be executed in all conditions without a court order. The unpaid owner will send the repentant execution to the judicial officer of his choice for prosecution and recovery. The remedy for the review of a lease is not desirable during this period, given the legal proceedings that may take time. That is why this is the best way for the parties to negotiate terms of review and, if possible, to revise the agreement. However, if the parties fail to agree on the conditions for review; (ii) there is no review provision; or (iii) the review provision is not merely resulting, the parties must inevitably request a review. This tender provides information on actions that may be filed as a result of the COVID 19 pandemic for the review of leases. A very controversial aspect of the review is that, to simplify energy-efficient modernization work, there is a three-month period during which the tenant is not allowed to reduce the rent.

However, this only applies if the apartment can still be used during this period. If it is not possible to live in the apartment, the tenant remains exempt from paying the rent. As a general rule, parties to an agreement are bound by their obligations and obligations under the pacta sunt servanda principle. However, if the balance between the obligations of the parties at the time of the implementation of the agreement is inevitably and unjustly altered by a party, the party may request a review of the agreement in accordance with Article 138 of turkish Bond Law (“TCO”). In accordance with Article 138 TCO, the following conditions must be met collectively to allow a judge to review the corresponding agreement: the use of the lease is the sole responsibility of the parties to the lease. It is specified that the Municipality of Tel Aviv-Yafo and the Yad2 website are not responsible for the implementation of the terms of the lease agreement between the parties or for their interpretation. Nothing in the rental agreement and accompanying explanatory notes should be interpreted as legal advice or as a substitute for legal assistance from a lawyer. The owner can apply for a deposit. In the case of payment at the entrance to the premises, the amount must be included in the rental agreement and may not exceed one month`s rent at no cost for a simple rent (unbedled) as the main residence. In the case of the rent set up as the main residence, the deposit may not exceed 2 months` rent without charge.

A security deposit cannot be required if the rent is payable in advance for a period of more than two months. The proposed amendments apply immediately to all leases as soon as they come into effect. The only cases that are not affected are the modernization decisions that have already been issued. These notices, as well as the resulting increases in modernization and rent, remain subject to the old law. For owners wishing to modernize, it is advisable to check whether it is worth waiting for the rental law reform to come into force to benefit from simplifications and time savings.

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