Attorney Adi Cohen offers her clients a comprehensive range of professional services, specializing in real estate and property transactions. With extensive experience, she provides guidance on everything from drafting rental, sale, and purchase agreements to handling urban renewal projects, commercial real estate transactions, land purchases, construction planning, and other complex real estate transactions.

Real estate and property transactions in central Israel are high-value financial transactions, which require contractual management, bureaucracy, registration, tax obligations, and reporting. These transactions involve significant risks, necessitating professional guidance throughout the entire process by a real estate attorney in the central region. Such an attorney brings familiarity with the local environment and authorities, along with extensive experience and knowledge in the real estate sector.

The importance of legal guidance from a real estate attorney in real estate transactions Rental/Lease of a Residential Apartment

Nearly 4,000 eviction lawsuits are filed in Israeli courts annually, a number that indicates a 38% increase in lawsuits in 2022-2023.

These lawsuits are filed by apartment owners against tenants living in their property who refuse to vacate, citing various reasons. The demand for eviction may stem from a proven and solid reason, such as non-payment of rent, or from reasons requiring deeper investigation and proof, such as evicting a tenant under a lease due to alleged breaches of the lease agreement.

Although a high percentage of these lawsuits are decided in favor of the landlords, the damage caused to the property owner may be significant, considering the legal proceedings that could drag on for several years.

Tenants may also find themselves powerless against a landlord who does not fulfill the terms of the lease, fails to address issues and maintain the apartment as required, refuses to return securities provided upon entering the property, acts unreasonably, and infringes on the tenants’ right to privacy, among other issues.

Drafting a rental agreement with the assistance of a professional attorney is important and serves the interests of both the property owner and the tenants. A real estate attorney in the central region, familiar with local issues, challenges, and market conditions, can guide and assist their client, raising and contractually addressing issues, including securing guarantees for fulfilling the contract, fairly and with optimal protection of the client’s interests.

Purchasing a Second-Hand Apartment

Real estate transactions involving second-hand apartments bring together sellers and potential buyers, who are often private individuals carrying out the transaction for personal needs, making it the largest financial transaction of their lives.

Reaching a general agreement with the seller after finding an apartment that meets the buyer’s needs and budget is just the beginning. This process requires the professional involvement of a real estate attorney in the central region (or according to the residential area, of course). Before making any commitments, several checks related to the property and its owner must be carried out, including the property’s registration in the Land Registry, the registered rights on the property, any debts or restrictions on it, building code violations, and/or demolition/eviction orders, among others.

The next step, after verifying that the property is indeed owned by the sellers, is free of commitments and restrictions, and can be transferred in the Land Registry, is to negotiate the contract terms with the sellers, beyond just the price of the property. These terms should address the timing of vacating and receiving the property, the payment schedule in stages to ensure documented payment according to the transaction’s progress, with the bulk of the payment being transferred upon receipt of the property.

Selling a Rented Apartment

Many property owners mistakenly believe that they cannot sell their rented apartment and wait for extended periods, missing out on attractive sale opportunities as a result. It is indeed possible to market and sell a rented apartment while protecting the tenants’ rights and managing the transaction transparently with the buyers.

Selling a rented apartment under a lease requires reviewing the rental agreement and its termination date, including the existence of an option that allows tenants to choose to extend the lease under the same or similar conditions, as stipulated in the lease agreement.

It is important to inform the tenants about the intention to sell and market the property, and to secure their cooperation in showing the property to brokers and/or potential buyers at fixed and reasonable times while respecting their right to privacy.

When showing the property and dealing with interested parties, if the lease is set to expire within a short period (usually up to 6 months), this can be set as the handover date, and the tenants should be informed at this stage that no further extension of the lease will be allowed, except with the future buyer and subject to their consent.

If the lease agreement with the tenants is far from its termination date and/or includes an option, it is necessary to review and decide how the transaction can be carried out while respecting the tenants’ rights.

Options available to the property owner include:

1. Voluntary Eviction: Reaching an agreement with the tenants for early vacating of the property. In some cases, such a proposal may be suitable and serve the tenants, making it easier to have them sign an appropriate document, while in other cases, it may be necessary to consider some form of compensation. In any case, these agreements should be formalized in a contract between the property owner and the tenants to prevent future objections and lawsuits.
2. Transferring the Lease Agreement: Another option is to sell the property to buyers interested in renting the apartment for investment purposes, in which case the presence of tenants may even be an advantage. The sales contract for the property should include an addendum detailing the buyer’s agreement to honor all commitments to the tenants until the end of the lease term and to transfer all securities and payments made by the tenants to the buyer from the agreed handover date.

Such transactions should be carefully examined with the assistance of a skilled and experienced real estate attorney who will help assess existing commitments, protect the property owner from breaches, and facilitate the sale of the apartment while protecting the seller’s interests as best as possible.

Real Estate Attorney in Central Israel – Selling Contractor Apartments in Urban Renewal Projects

Urban renewal projects such as “Pinui Binui” (evacuation-reconstruction) and TAMA 38/2 are based on the developer’s investment in the project in exchange for land rights and increased building percentages, allowing them to create additional residential apartments and derive profits from the entire project. Within the project, the developer takes on many obligations, both to the authorities and the apartment owners, and needs rigorous legal support from an experienced lawyer familiar with the law, regulations, and dealings with the authorities.

Legal support includes feasibility and profitability checks, obtaining permits and advancing declaration orders in the case of evacuation-reconstruction, securing residents’ consent, negotiating and drafting contracts with property rights holders, liaising with financial institutions and obtaining bank financing, handling legal issues, disagreements, and problems arising during the project, and through to project completion, re-registration of rights after land distribution, and legal support in selling the new apartments owned by the contractor.

Attorney Adi Cohen provides these services and many others in real estate, property, and taxation with professionalism, dedication, and by placing her clients at the forefront of her priorities, using every tool available by law to advance their interests.

Representation of developers and contractors in “TAMA 38”, “Pinui Binui” Israeli projects, from the initial land acquisition stage to the sale of the apartments.