Payment for a non-compliant Mamad door in a rented apartment | Rented property | Ask the Rabbi - SHEILOT.COM

Payment for a non-compliant Mamad door in a rented apartment

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Question

Shalom.

He bought an apartment, and after the purchase he saw that the Mamad door is not up to standard and does not close properly, both from a safety perspective and from a practical perspective (that it does not close well). Can he make the seller pay for the cost of repairing the door?

Answer

Answer: From a safety perspective, if the apartment is in the central region, this is not considered a defect, and from a practical perspective one must examine whether it is something that would have been immediately noticeable or not.

Source

In the central region there is no obligation to enter the Mamad during an air‑raid siren, and therefore there is no monetary claim of a defect in this regard. From a practical perspective, the Sma, siman 232, seif katan 10, states that if it is a defect that the buyer could have found with a simple inspection and he did not bother to do so, it is not considered a defect that annuls the sale.

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