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Ruling: Beit din accepts pl’s claim for rental payment until Dec. 31, not Dec 3. Lack of payment is a basic breach of contract, which justifies termination of the rental, and pl had the right to set the date for the end of the rental. Once it was set, if def wanted to leave earlier, they were required to give thirty days’ notice, no less that a renter who is living without a contract that states a specific time (based on Shulchan Aruch, Choshen Mishpat 312:7).
Payment for lost revenues after Dec. 31 can only be based on claims of damage, not of agreement, as the rental agreement was over.Beit din rejects this claim, as pl had every opportunity to prepare to find another renter, and the fact that he did not succeed is too indirect to obligate def.
There is no evidence that pl will not be able to demand money from his neighbor because of the delay in reporting the leak. The only circumstance, a more expensive paint job, is not considered a direct enough damage to obligate def. In general, and according to their contract, def should paint after leaving, and they are to pay 2,500 shekels, as the normal cost of painting.
Regarding va’ad bayit payments, def’s unsubstantiated claims about problems with the neighbors are insufficient to make it necessary for pl to pay them instead of def. Since pl presented receipts of his payment, def has to reimburse pl for the 2,000 shekels he paid.
Bemare Habazak - Rabbis Questions (659)
Rabbi Daniel Mann
215 - How Many Eggs Should be Boiled Together?
216 - Payments Due from Exiting a Rental
217 - Answering Monetary Questions – part I
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Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
P'ninat Mishpat A Non-Contractor in Changing Times – part II
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Hashem Is your Shadow – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
Parashat Hashavua Happiness for the Right Reasons
[With painful longing, we share these divrei Torah from our co-Rosh Kollel for close to 40 years, Harav Moshe Ehrenreich zt”l.]
