Question

Hello, Rabbi
I rent an apartment and yesterday I had a clog in the kitchen sink drain. I spoke with the
landlord and he told me to call a plumber. The plumber cleared the blockage and charged
400 shekels for his work.
Now the landlord says that I am the one who should pay for the unclogging, who is
supposed to pay according to the law, the tenant or the landlord?
Thank you very much.

Answer

Hello and blessings

According to the law, in all matters of repairs in rented apartments, the customs of the
country prevail.
The current custom in the country is that the landlord repairs any defect in the apartment that
is not caused by the tenant's improper use, as stated in most existing rental contracts. Thus
are also the provisions of civil law, according to which the landlord must repair any defect
and damage in the apartment, except if they are caused by the tenant's improper use, [or if
they are low-value repairs, such as changing a light bulb].
However, this applies only to failures or problems in the apartment systems, but a blockage
caused by the accumulation of dirt and/or grease in the sewage system, as is common from
time to time in sewage systems [especially in the kitchen], the repair is the sole responsibility
of the tenant, as the dirt is a result of its use. Therefore, despite being reasonable use, he
must bear the responsibility of unclogging.
Therefore, in practice, the unblocking caused by the accumulation of dirt is the tenant's
responsibility, while the blockage caused by collapse or other defects in the sewage system
is the landlord’s responsibility.
It is worth noting that even a clog caused by the accumulation of dirt, if the tenant lived in the
apartment for a short period, they cannot be charged more than their proportional share that
caused the accumulation of dirt.
Sincerely
Rabbi David Ohayon

Sources

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