Eviction of Tenants and Unlawful Occupants Why Property Owners Who Take the Law into Their Own Hands Pay Twice

1. Disconnecting electricity, changing locks, removing belongings to the yard all of these constitute self-help. Even if the tenant owes you money, even if the lease has ended, and even if you have a clause in the contract permitting you to do so the clause is void, and the action may expose you to a lawsuit.
2. An expedited eviction proceeding can be concluded within 60 days from the date the claim is filed much faster than most property owners think.
3. In an expedited eviction claim, only eviction may be sought. A monetary claim for collection of rent arrears, property damage, and utility bills is filed separately.
4. An eviction claim may be filed against a tenant even before he has actually breached the contract if it is clear from the circumstances that he does not intend to vacate.
5. A tenant against whom an eviction claim is filed is not permitted to file a counterclaim in the same proceeding he must file it separately.

Why the Legal Route Is Also the Faster Route

The natural impulse of a property owner who discovers that the tenant has not paid for three months, or has remained in the property after the lease expired, is to act independently to disconnect, to lock, to evict. This is a costly mistake.

The courts have repeatedly held that self-help, in any form, is prohibited. The legal basis is Section 18 of the Land Law, 5729-1969, which prohibits preventing access to property, disconnecting services, or eviction by force even when the demand for eviction is entirely justified. And not only is the action void from the outset: those who engage in it may be required to pay the tenant compensation for emotional distress, and may find themselves facing a police complaint.

Anecdote: The Landlord Who Disconnected Electricity and Ended Up as a Defendant

In C.A. (Jerusalem) 12058/07 Godnian v. Dadush, the court dealt with a landlord who disconnected the electricity in the leased premises to pressure the tenant to leave. The tenant whom the landlord claimed was obligated to leave sued the landlord. The court ruled that this constituted prohibited self-help, and ordered the landlord to pay compensation to the tenant. The demand for eviction itself was justified. The manner in which he chose to enforce it was not.

In C.A. (Tel Aviv) 15723-08 Tafta Tangot Tamar et al. v. Romano Menachem, tenants whose belongings were thrown into the yard by the landlord came to court. Here too the court ruled that the demand for eviction itself was justified, but nevertheless awarded the tenants 20,000 shekels for emotional distress, in addition to reimbursement of their actual damages. The message: the justice of the reason for eviction does not justify the method.

The Expedited Proceeding What It Is and How It Works

A claim for eviction of leased premises is conducted under special procedural rules designed to streamline and expedite proceedings. After the claim is filed, the tenant is given 30 days to file a statement of defense. If he does not file a default judgment is issued. If he does file a hearing is scheduled within an additional 30 days, and the court issues a judgment within 14 days of the hearing at the latest.

In other words: you file a claim, and within approximately 60–90 days you receive a judgment. This is much faster than any ordinary civil proceeding.

If the tenant does not vacate even after the judgment a file is opened with the Execution Office. The physical eviction is carried out by a licensed contractor on behalf of the Execution Office, accompanied by police if necessary. Not by force on your own.

Eviction Before Breach What Most Property Owners Do Not Know

The Supreme Court held in C.A. 4089/22 Avi Halili v. Daniel Gamersni that an eviction claim for leased premises may be filed even before the tenant has actually breached the contract if it is clear from the circumstances that he does not intend to vacate. The legal source is Section 17 of the Contracts (Remedies for Breach of Contract) Law, 5731-1970, which addresses anticipatory breach.

The practical implication: a property owner who has sold an apartment with a tenant in it, and the tenant refuses to vacate before the delivery date to the buyer may file an eviction claim now, without waiting for the eviction date to pass and damages to occur.

Eviction Claim Separately, Monetary Claim Separately – and Why This Matters

In the expedited eviction proceeding, only eviction may be sought. It is not possible to attach to it a claim for collection of rent arrears, compensation for property damage, or payment of utility bills the tenant remains liable for. These are claimed in a separate proceeding.

The rationale: to separate the urgent regaining possession of the property from the financial, which can wait. An attempt to combine the two in the same proceeding will not only fail, but may complicate and prolong the eviction itself. The proper arrangement: eviction first, monetary claim immediately thereafter when the extent of the damage is already known in detail.

What to Do Before Reaching a Lawsuit

Most eviction proceedings begin with a proper demand letter. Not because there is a legal obligation (there is not), but because it allows for examining whether the tenant responds and resolves the matter voluntarily and demonstrates the landlord’s good faith if and when the matter reaches court.

Holding property whose tenant is not complying with the terms, or whose lease has expired and there are no signs of intent to vacate? It is advisable to know what options are available to you before losing additional months of rent.

© Tidhar Tzur Law Firm | This article is for general information purposes only and does not constitute individual legal advice.