Thousands of foreign nationals own residential and commercial property in Israel — apartments in Tel Aviv, Jerusalem, or Haifa that they rent out while living abroad. Most tenancies proceed without incident. But when a tenant stops paying, the landlord's geographic distance compounds the problem: bank guarantees must be called correctly, demand letters must meet specific legal requirements, and the Israeli court system has its own timeline that no one can shortcut.
This guide covers the complete process for collecting unpaid rent (*dmai skhirut*) from an Israeli tenant — from the first missed payment through to judgment, enforcement, and recovery of the property. It is aimed at foreign nationals and diaspora landlords who are not familiar with the Israeli legal system and may be managing the situation remotely.
1. Your Legal Position as a Landlord Under Israeli Law
Israeli tenancy law is governed primarily by the Contracts (General Part) Law, 5733-1973 and the Rental and Borrowing Law, 5731-1971 (*Chok HaSkhirut V'HaShailah*), supplemented by the terms of the specific lease agreement (*chozeh skhirut*). For residential properties built before 1990, the Protected Tenants Law, 5714-1954 (*Chok Hagunim*) may also apply — though this is uncommon for properties built after that date and rarely affects modern leases.
Several baseline rules apply to every residential tenancy in Israel:
- Rent is a contractual debt. Each month's unpaid rent constitutes a liquidated debt that you can sue for in court without needing to prove loss — the contract specifies the amount owed.
- You cannot self-evict. Changing locks, removing furniture, or disconnecting utilities to force out a non-paying tenant is illegal under the Protection Against Eviction Law, 5741-1981 (*Chok Hagunim MiPinui*). Self-eviction exposes the landlord to a criminal complaint and civil liability. Possession must be recovered through the courts.
- Late payment interest accrues automatically. Under the Adjudication of Interest and Linkage Law, 5721-1961, outstanding rent debts accrue interest at the statutory rate (*rishit pigurim*). Your lease may also specify contractual late payment fees, which courts generally enforce if they are proportionate.
- Foreign ownership is fully recognized. There is no restriction on a non-resident or foreign national owning Israeli real estate and leasing it out. Your rights as landlord are identical to those of an Israeli resident landlord.
2. Claiming the Bank Guarantee or Cash Deposit
The most important financial protection for an Israeli landlord is the security instrument taken at the start of the tenancy. Israeli practice offers two main forms:
Bank Guarantee (*Aravut Bankait*)
A bank guarantee is an autonomous undertaking by an Israeli bank to pay the landlord a fixed sum on demand, up to the guarantee ceiling, without any need to prove the tenant's default in court. It is the strongest form of security because the bank pays first and asks questions later — the tenant's dispute with you does not affect the bank's payment obligation.
To call a bank guarantee correctly:
- Read the guarantee document carefully — it will specify exactly what trigger events entitle you to call it (usually: rent arrears, breach of lease, or damage to the property)
- Present a written demand to the issuing bank branch, signed by the beneficiary landlord, citing the guarantee number and the amount claimed
- Present any documents the guarantee requires (some require a written declaration that the tenant is in breach; some require a court order — the latter is less common but does exist)
- The bank must pay within the timeframe specified in the guarantee, typically three to five business days
Important: calling the bank guarantee does not extinguish your right to sue for amounts above the guarantee ceiling. If your tenant owes six months of rent and the guarantee covers only two months, you can claim the guarantee in full and sue for the remaining four months separately.
Cash Deposit (*Pikadon*)
A cash deposit held by the landlord or in a joint escrow account is simpler but gives rise to more disputes. You can apply the deposit against unpaid rent, but you must document the deduction carefully — provide the tenant with a written accounting of how the deposit was applied. Courts scrutinize landlords who apply deposits without adequate documentation. Any amount deducted above the actual proven debt is refundable to the tenant.
Personal Guarantee (*Arevut Ishit*)
Some leases include a personal guarantor (*arev*) in addition to or instead of a bank guarantee. Pursuing a personal guarantor for rent arrears follows the same rules that apply to debt guarantees generally — see our detailed guide on personal guarantors in Israel for the procedural steps.
3. Formal Demand and Lease Termination
Before filing in court, you must send a properly structured demand letter (*mikhtav drishá*). This step is both a legal prerequisite and a practical opportunity to resolve the dispute without litigation.
What the Demand Must Cover
- A precise statement of the amount owed, broken down by month and payment date
- Reference to the specific lease clause requiring payment on a certain date
- A reasonable deadline to pay — typically 7 to 14 days
- Notice that if payment is not received, you will terminate the lease and seek possession and the full outstanding balance through the courts
- In commercial leases, a reference to any contractual penalty clauses triggered by arrears
Service of the Demand
For the demand to have legal effect in subsequent proceedings, it must be delivered in a way you can prove. Send by:
- Registered mail (*davar dohak*) to the property address and any other address specified in the lease
- Email if the lease includes an email address as a valid service address
- WhatsApp or SMS is sometimes accepted by Israeli courts as supplementary evidence of notice, but should not be the sole delivery method
Notice of Lease Termination
Most Israeli leases include a termination clause (*hefsek chozeh*) allowing the landlord to terminate for material breach, including rent arrears of a specified duration — typically two consecutive months or more. To terminate the lease validly:
- Give the notice period specified in the lease (usually 14–30 days)
- State clearly that the lease is terminated and demand vacant possession by a specific date
- Confirm the amount of rent arrears outstanding as at the termination date
If the tenant does not vacate after a valid termination notice, you must apply to the court for an eviction order (*tzav pinooy*). You cannot physically remove them yourself.
4. Suing for Rent Arrears in the Israeli Courts
If the tenant does not pay in response to the demand letter, the next step is filing a civil claim (*tviá ezrahit*). The correct court depends on the amount claimed:
- Up to ₪34,900: Magistrates Court, small claims track (*tviá ktana*) — a simplified, lawyer-optional procedure with a filing fee of approximately ₪600. Judgments are typically obtained within two to four months.
- ₪34,901 to ₪2.5 million: Magistrates Court (*Beit Mishpat HaShalom*) standard civil track — requires a properly drafted statement of claim (*ktovet tviá*). Filing fee is approximately 2.5% of the claim amount. Timeline is typically four to eight months for a contested case.
- Above ₪2.5 million: District Court (*Beit Mishpat Mahozi*).
For most residential rent arrears disputes — typically three to twelve months of unpaid rent — the Magistrates Court standard civil track is the appropriate forum. Israeli attorneys (*orkhei din*) charge between ₪5,000 and ₪20,000 for a straightforward rent arrears case, though the court can award legal costs to the winning party.
What to Include in Your Claim
- A copy of the signed lease agreement
- Proof that you delivered possession of the property (typically a key receipt or move-in protocol)
- Bank records showing which rent payments were made and which were missed
- The demand letter and proof of service
- Any documentation of property damage if you are also claiming beyond the deposit
- A calculation of the debt as at the filing date, including contractual late payment fees and interest
Default Judgment (*Psak Din Behimutzut*)
If the tenant fails to file a defense within the time allowed by the court (typically 30 days from service), you can apply for a default judgment without a hearing. Default judgments are granted routinely in uncontested rent arrears cases and can be obtained relatively quickly — sometimes within six to eight weeks of filing. Once issued, a default judgment has full enforcement force and you can take it to the Execution Office (*Hotzaa LaPoal*) immediately.
5. Running the Eviction Claim Alongside the Debt Claim
Israeli court procedure allows you to combine a claim for monetary rent arrears with an application for an eviction order in a single proceeding. This is the standard approach for foreign landlords and avoids filing two separate cases.
The Eviction Application (*Tviát Pinooy*)
An eviction application is filed in the Magistrates Court in the district where the property is located. Once the court issues an eviction order, you deliver it to the Execution Office, which will instruct a bailiff (*orekh din mefahel*) to physically remove the tenant if they do not leave voluntarily. Bailiff-supervised evictions in Israel are scheduled in advance and tenants are given notice — tenants with minor children or vulnerable individuals can sometimes obtain a short stay of the eviction order from the court, but this is temporary.
Key Timelines to Expect
- Uncontested case: Three to five months from filing to eviction and judgment
- Contested case: Six to twelve months, sometimes longer if the tenant raises counterclaims about property conditions or deposit disputes
- Urgent interim eviction order (*tzav beynayim*): In exceptional circumstances — e.g., the tenant has abandoned the property but still holds the keys, or is using the property for illegal purposes — an urgent hearing can be requested and may be heard within days
Interim Relief: Protecting the Property During Proceedings
If you have reason to believe the tenant is damaging the property or removing fixtures during the litigation period, you can apply for an injunction (*tzav mniá*) to prevent further damage. This requires demonstrating a real risk of irreversible harm. Israeli courts grant such injunctions sparingly but do issue them where the evidence of ongoing damage is strong.
6. Enforcing the Judgment
Obtaining a judgment is only half the battle. Collecting on it against a tenant who has no assets — or who has already left Israel — is a separate challenge. The enforcement tools available through the Israeli Execution Office (*Lishkat HaHotzaa LaPoal*) include:
- Bank account attachment (*ikul kheshbon bank*): An order to freeze and debit any Israeli bank accounts held in the tenant's name. This is the most effective tool when the tenant has money in an Israeli bank. The Execution Office can send attachment orders to all major Israeli banks simultaneously.
- Wage garnishment (*ikul mishkoret*): If the tenant is employed in Israel, a portion of their salary — up to one third, subject to a statutory minimum wage floor — can be diverted monthly to satisfy the judgment.
- Property lien (*ikul mekarkain*): If the tenant owns Israeli real estate, a lien can be registered against it, blocking any sale or refinancing until the judgment debt is paid.
- Stay of exit order (*tzav ikul yetzia*): If the debtor is present in Israel, a court order can prevent them from leaving the country until the debt is settled. This is a powerful tool against tenants who travel frequently.
- Debtor examination (*bikur nakhsim*): The Execution Office can summon the debtor to attend an examination and disclose their assets — bank accounts, employer details, vehicle registrations, and property holdings. Failure to attend is a criminal offence.
For more detail on the Execution Office process, see our complete guide to how the Israeli Execution Office works.
When the Tenant Has No Assets in Israel
If the tenant is a foreign national who has returned to their home country and holds no Israeli assets, enforcement becomes an international matter. Israel has judicial reciprocity arrangements with several countries, and an Israeli monetary judgment can be registered and enforced abroad in qualifying jurisdictions. The process is not fast, but for substantial debts it is viable. An Israeli attorney can assess whether the tenant's home country has a reciprocal enforcement arrangement with Israel.
A French landlord owned a Tel Aviv apartment that she rented out under a two-year lease at NIS 6,800 per month, secured by a bank guarantee from Bank Leumi covering four months' rent (NIS 27,200). After month seven, payments stopped. Her Israeli property manager sent several informal reminders with no result, and two months passed before her attorney was engaged. By that point the tenant owed five months' rent — NIS 34,000 — but the bank guarantee still covered NIS 27,200 of it. The attorney called the guarantee within five business days of instruction by submitting a written demand to the Bank Leumi branch, and NIS 27,200 was transferred to the landlord's account within four days of the bank receiving the demand. The remaining NIS 6,800 plus a further NIS 13,600 that accrued during the eviction proceedings was recovered through a Magistrates Court default judgment — the tenant filed no defense — and an Execution Office bank attachment that located a salary account at Bank Hapoalim within three weeks of the judgment being registered. Total recovery time from first call to the attorney to final collection: four months and nineteen days. The two months lost to informal reminders before the attorney was engaged added nothing and cost the landlord NIS 13,600 in additional arrears that accumulated during that period.
7. Managing the Process from Abroad
Foreign landlords face a practical obstacle: Israeli court proceedings, bank guarantee claims, and Execution Office filings all require physical documents, Israeli-language correspondence, and sometimes in-person attendance. Here is how to manage the process effectively from outside Israel:
Grant a Power of Attorney
The single most important step is granting an Israeli attorney a properly notarized power of attorney (*yipuy koach*) authorizing them to act on your behalf in all landlord-tenant matters, including court proceedings. This document must be signed before a notary in your country and apostilled under the Hague Convention before an Israeli court or bank will accept it. See our guide to power of attorney in Israel for the full procedure.
Document Management from Abroad
- Keep copies of the signed lease, bank guarantee document, and move-in inventory in a digital format accessible to your Israeli attorney
- Scan and forward all bank statements showing the tenant's payment history as soon as the arrears begin — do not wait until you file
- If you have a property manager (*metapel nakhsim*) in Israel, instruct them in writing to document the property's condition once the tenant vacates, with dated photographs
Currency and Tax Considerations
Rent received from Israeli tenants is taxable in Israel regardless of where the landlord lives. Non-resident landlords can choose between three tax tracks for rental income, with the flat 15% track (*maslul aleph*) usually the most straightforward for residential property. Collecting unpaid rent and then repatriating funds also requires reporting through your Israeli bank — most Israeli banks will transfer rental proceeds abroad without restriction once the source of funds is documented.
For a complete overview of landlord obligations before a problem arises, see our guide on renting out Israeli property as a foreign landlord.
