Written by Frihat Lawyers & Legal Consultants
The Palestinian Court of Cassation recently issued an important ruling that clarifies the standard of “damage to the leased property” as a valid ground for eviction.
The court emphasized that the “damage” justifying eviction refers to structural or construction-related damage to the leased property that actually affects its stability, strength, or safety.
🔍 Key points from the decision:
- The existence of structural damage is not a matter of the judge’s personal opinion.
- This issue is exclusively determined by technical evidence from qualified experts.
- The court cannot assume or dismiss the existence of damage without a clear technical report.
⚖️ Significance of the ruling:
This decision reinforces the principle of technical expertise, preventing unjustified eviction claims, and ensuring that tenants are protected from allegations not based on real engineering assessments, while also allowing landlords to protect their property if actual damage affecting the building is proven.
🔗 Decision No. 590/2025 represents an important step toward standardizing the “damage to the leased property” criterion and confirms that technical expertise is the decisive element in such cases.