blog.cat.realestate7 min read9/14/2026

Mold in a Rented Apartment: When May You Hire a Professional and Charge the Landlord?

A black stain on the wall does not automatically give a tenant the right to hire a renovation contractor and deduct the bill from the rent. Generally, the problem must be documented, a detailed demand must be delivered to the landlord, and the landlord must be allowed to inspect and repair it—but in the case of an urgent defect, action may be taken more quickly.

Numbers and facts

•1971 — the year the Rental and Borrowing Law was enacted
•Section 9 — self-repair and reduction of rent
•7 months — the period examined in the case involving severe dampness and mildew
•Approximately NIS 50,000 — compensation reported in a case involving several serious defects

First, Determine Who Is Responsible for the Mold

Section 7 of the Rental and Borrowing Law, 5731–1971, requires the landlord to repair a defect that negates or materially restricts the agreed use of the apartment, unless the tenant is responsible for it or the repair is not the landlord’s responsibility under the agreement or the circumstances. It is therefore important to distinguish between dampness originating in waterproofing, plumbing, or the structure and mold caused by the use of the apartment. Mold that already existed when the apartment was delivered may also be considered nonconformity, especially if the apartment did not conform to its agreed condition. If the tenant knew about the problem when signing, the ability to rely on it may be limited; by contrast, Section 8 protects the tenant when the landlord knew or should have known about the defect and failed to disclose it.

How to Create Documentation You Can Rely On

It is advisable to photograph the mold and signs of dampness from close up and from a distance, retain videos, and document when the stain appeared, expanded, or returned after cleaning. The notice to the landlord should specify the rooms in which the problem exists, explain how it impairs use, and include the documentation. The demand should preferably be sent by a method that creates a retained record, such as a written message or email, rather than relying solely on a telephone call. The landlord or a professional acting on the landlord’s behalf must be allowed to enter at a reasonable time and inspect the source. Preventing access for an inspection or repair may undermine the tenant’s claims.

How Much Time Must Be Given to the Landlord

The law included in the research materials does not prescribe a uniform number of days for every defect; instead, it requires repair within a reasonable time after the landlord receives a demand. The length of time depends on the severity, the extent of the impairment, and the urgency: a small stain is not comparable to an active leak or a room that cannot be used. The demand may set a clear and reasonable deadline for a response, a visit, and the start of treatment, rather than merely stating that the matter is urgent. If the landlord sends a professional but the treatment consists only of painting and the mold returns, it is important to document that as well and demand treatment of the source of the dampness. Silence, repeated delays, or a repair that does not resolve the defect may justify proceeding to the next steps.

When a Professional May Be Hired and Reimbursement Obtained

Under Section 9 of the Law, if the landlord does not repair the defect within a reasonable time after receiving a demand, the tenant may repair it and demand reimbursement of reasonable expenses. Before hiring a professional, the tenant must give the landlord reasonable advance written notice of the intention to perform the repair. When the defect is so urgent that the tenant cannot be required to wait, the Law permits repair without the prior demand and notice. Even then, it is advisable to retain quotations, invoices, photographs, and a description of the work performed, because the right applies to reasonable expenses and not to every upgrade the tenant chooses to make. Decorative painting, replacement of functioning items, or extensive work unnecessary to eliminate the source of the dampness may give rise to a dispute.

Rent Reduction, Exemption, or Termination of the Agreement

Section 9 permits a reduction in rent for as long as the defect has not been repaired, according to the proportion by which the rental value of the apartment decreased because of the defect; this is not an amount that the tenant may choose arbitrarily. In a published case involving an apartment owner who did not repair dampness, reimbursement was awarded in relation to 7 months of severe dampness and mildew, but the tenants did not receive a full refund of all the rent. In another published case, a couple who rented an apartment were awarded approximately NIS 50,000 due to a combination of serious defects, including dampness and mold; the amount is not a fixed rate for mold cases. If circumstances related to the apartment completely prevent its use for the purpose of the rental, Section 15 may provide an exemption from payment for the period during which use is prevented, subject to its conditions. Cancellation of the agreement is a separate step and depends on the severity of the breach, the notices delivered, the possibility of repair, and the provisions of the agreement and the law of remedies.

FAQ

May the cost of repairing the mold be deducted from the rent immediately?

Generally, not immediately. First, a demand must be delivered, an inspection and repair must be allowed, and advance written notice must be given before a self-repair; reimbursement of reasonable expenses may then be demanded, although a unilateral deduction may still create a dispute.

How many days must the landlord be given to repair dampness?

The law in the research materials refers to a reasonable time and does not set a uniform number for every defect. The deadline depends on the urgency, the severity of the dampness, and the practical possibility of obtaining a professional, so the demand should set clear deadlines appropriate to the situation.

Can the rent be reduced because of mold in one room?

The possibility of a reduction depends on the actual impairment of the rental value and the use of the apartment. The reduction should reflect the ratio between the value of the apartment with the defect and its value under the agreement, and not necessarily the full rent.

What if the landlord painted over the mold and it returned?

The recurrence should be documented, and the landlord should be notified that the treatment did not resolve the defect. A court may examine whether a genuine opportunity to make the repair was provided, what caused the dampness, and whether the work addressed the source or merely concealed the signs.

Does mold allow a tenant to leave the agreement without a penalty?

Not every instance of mold justifies cancellation. The more severe the defect, the more it prevents use of the apartment, and the more it remains unrepaired despite notices and a reasonable opportunity, the stronger the claim of a material breach becomes; the terms of the agreement and the sequence of documentation must also be examined.

What to do next

A detailed written notice should be sent to the landlord, photographs should be attached, and an inspection and repair should be allowed within a reasonable time appropriate to the severity of the situation. Before making a self-repair or reducing payment, it is advisable to retain the advance notice, quotations, invoices, and documentation of the impairment of use. When a substantial deduction or termination of the agreement is being considered, the agreement and the facts should be examined individually before action is taken.