Eviction claim (leased premises)

When is an eviction claim filed?

The claim fits when the tenant continues to hold the property although the right to hold it has ended. The common situations:

• The lease period has ended and the tenant has not vacated.
• The tenant stopped paying rent, and the lease was terminated by notice under its terms.
• The tenant committed another breach that gives a right to terminate, for example using the property for a purpose other than the agreed one, and the lease was terminated.

Before filing, check that the lease has in fact ended or been lawfully terminated: what the lease says about notice before termination, whether the notice was sent in the manner it prescribes, and whether the tenant was given time to cure the breach where the lease requires it. A claim filed before the lease was lawfully terminated may be dismissed.

A tenant is not removed by force, and locks are not changed or water and electricity cut off on your own initiative. The route to eviction is a judgment and its enforcement through the Execution Office.

What is special about the eviction procedure?

A claim for eviction of leased premises is heard on the fast track (regulation 78(a)(2) of the Civil Procedure Regulations), and the special provisions of regulation 81 apply to it:

• Eviction only. The statement of claim does not include other remedies, such as unpaid rent or compensation for damage.
• A defence within 30 days from the day the statement of claim was served on the defendant.
• No counterclaim and no third-party notice. The defendant may not file them in this proceeding.
• No pre-trial hearing.
• An early hearing. The court sets a hearing date no later than 30 days from the filing of the last statement of defence.

The procedure applies only to premises to which the Tenant Protection Law [Consolidated Version], 5732-1972, does not apply. Eviction of a protected tenant follows different rules, and the grounds for it are limited.

How are unpaid rent and damage claimed?

The money is claimed in a separate proceeding. Under regulation 81(a), the plaintiff may file a further claim on the same cause without asking the court for leave, and must notify the court hearing the eviction claim. The monetary claim may include unpaid rent and bills, agreed compensation under the lease, use fees for the period after the lease ended, and damage to the property.

A monetary claim of up to NIS 75,000 is also heard on the fast track. Before filing, check which securities were given under the lease, such as a bank guarantee, a promissory note or guarantors, and the suitable order of realisation.

What is attached to the statement of claim?

On the fast track, an affidavit verifying the facts and the relevant documents are attached to the statement of claim (regulation 79). In an eviction claim these are usually:

• The lease and every addendum or extension.
• A document showing the right in the property, such as a Land Registry extract or a confirmation of rights.
• The warning letters and the notice of termination, with proof of dispatch.
• A summary of payments received and not received.
• Correspondence with the tenant: emails, messages and letters.

What happens after the judgment?

An eviction judgment sets a date by which the tenant must vacate the property and return possession. If the tenant does not vacate by that date, a file is opened at the Execution Office to carry out the eviction. At this stage too, the tenant is not to be removed independently.

Have you received an eviction claim?

The time for filing a statement of defence is 30 days from service, and the hearing is set shortly afterwards. A defendant who does not file a defence in time is exposed to judgment in default of defence. Monetary claims against the landlord are not filed as a counterclaim in this proceeding, but in a separate claim.

What should you bring to the meeting?

• The lease, its annexes and the securities given.
• All correspondence with the other side, including phone messages.
• Details of payments and debts.
• The statement of claim and the date it was received, if the claim was filed against you.

Timetable and cost

Timetable: The time limits in the procedure are fixed by the regulations and are short, so it is important to make contact as soon as it becomes clear that the tenant is not vacating, or as soon as a statement of claim is received. The actual eviction date depends on the court's calendar, the judgment and execution proceedings, if needed.

Cost: The fee is set in a written fee agreement, after reviewing the lease and the documents. The court fee and enforcement costs are paid separately. At the end of the proceeding the court may order the losing side to pay legal costs.

Contact us to review your case

If the tenant is not vacating the property, or if you have received an eviction claim, it is worth checking the lease and the notices sent before taking any step. We will be glad to hear the details and explain the options.