Real Estate · Tenant Eviction
Tenant Eviction in Israel — How to Remove a Tenant Lawfully
Complete guide for landlords in Israel: grounds for eviction, the legal process, and how long it takes.
Adv. Liron Yitzhak Elmaliach, experience since 2014
⛔ Do Not Do This Yourself
Self-help eviction — cutting off electricity, changing locks, removing belongings — is a criminal offence in Israel even if the tenant is not paying. The only lawful route is through the courts.
When Is Eviction Lawful?
Israeli law protects the tenant — but also the landlord. You may claim eviction where one of the following grounds applies:
- Non-payment of rent — arrears of 2 months or more constitutes a clear ground for eviction
- Breach of contract terms — sub-letting without consent, causing damage to the property, making alterations without permission
- End of tenancy and refusal to vacate — the tenant has not left at the end of the agreed period
- Criminal offences committed in the property — use of the premises for illegal activity
- Unlawful use of the property — changing the use of the premises without a permit (e.g., converting it into a business)
Important: every ground for eviction must be grounded in the tenancy agreement or in law. The breach must be documented before approaching the court.
The Eviction Process — Step by Step
The lawful eviction process follows fixed stages. Skipping them risks failure of the claim:
Send a Written Warning
A registered letter with a clear demand and a deadline for payment or vacation (14–30 days). Without a written warning, the court may dismiss the claim.
Attempt Settlement
Sometimes a partial payment combined with an agreed vacation arrangement is preferable to protracted litigation. An agreed eviction order can be enforced swiftly through the Enforcement Office.
File a Claim in the Magistrates Court
An eviction claim may be filed together with a monetary claim for rent arrears — in one proceeding and with one court fee.
Obtain a Judgment
On average 3–6 months in the Jerusalem Magistrates Court. An accelerated claim under the Civil Procedure Rules can sometimes be shorter.
Execute Eviction via the Enforcement Office
After obtaining judgment, eviction is carried out by the Enforcement Office — not by you. Attempting to evict yourself is still an offence even after judgment.
Free Initial Consultation — Before Filing an Eviction Claim
How Long Does Eviction Take in Israel?
The duration of proceedings depends on circumstances and the route chosen:
| Route | Estimated Duration |
|---|---|
| Out-of-court agreed eviction | Weeks only |
| Accelerated eviction claim under Civil Procedure Rules | 3–4 months |
| Standard Magistrates Court claim | 6–18 months |
| Appeal against judgment | A further 6–12 months |
Professional tip
An agreed eviction arrangement submitted for court approval — the fastest route. It can sometimes be obtained within a few weeks with the assistance of a court-appointed mediator.
Non-Paying Tenant — What to Do?
A tenant who stops paying rent is the most common scenario. Here are the tools available to the landlord:
- Dual claim — you may claim both eviction and rent arrears in the same proceeding, with no double court fee
- Contractual penalty — if provided in the contract, a daily penalty for each day of non-payment may be claimed, plus interest
- Attachment of tenant's assets — after obtaining judgment, the tenant's bank account, vehicle and moveable property may be attached
- Tax Authority report — where the tenant has not paid tax on rental income from their own properties
- Claim against the guarantor — if the contract includes a guarantor, the guarantor may be sued directly for the debt
Important note: the longer you wait, the larger the debt grows — but the tenant may also be emptying their account. Seek legal advice as early as possible.
Property Damage — What to Do After the Tenant Leaves?
Has a tenant left and caused damage? Act as follows to preserve your entitlement to compensation:
✓ Immediate Documentation
Photograph the damage upon departure; bring in a technician or surveyor to assess the repair cost — before touching anything. Without documentation it is very difficult to claim.
✓ Deduction from Deposit
Damage beyond fair wear and tear may be deducted from the deposit. Fair wear and tear (paint fading, minor scratches) is not deductible.
✓ Separate Monetary Claim
Damage exceeding the deposit amount — may be claimed in a separate monetary action in the Magistrates Court. Claims must be brought within 7 years.
✓ Small Claims Court
For damage up to ₪38,400 — the Small Claims Court (Bet Mishpat Litivot Ketanot) offers a quick and relatively inexpensive procedure, without necessarily needing an attorney.
Frequently Asked Questions — Tenant Eviction
Tenant Won't Leave? Don't Wait — Every Month of Delay Costs You Money
Free initial consultation — Adv. Liron Yitzhak Elmaliach, 33 HaShneim Asar, Pisgat Ze'ev, Jerusalem