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Case: The plaintiff (=pl) rented out his apartment to the defendant (=def), a mother with three older children, for a year, ending on Aug. 3, 2012. Def could renew the rental for a second year if she informed pl by May 5, 2012. Not until pl requested at the end of May that she vacate at year’s end, did def write such a request. Def and pl met earlier in May. Def claims that at that time, they orally agreed to renew; pl denies this. Pl also claims the right to end the rental because def’s children’s behavior upset all the neighbors, and def refused to pay July’s rent up to and including the beit din hearing (early August). Def claimed she had trouble finding rent money because of legal expenses due to pl’s suit. Pl’s claims are: immediate vacation of the property (as most rentals are set by early Aug.); payment of July rent; $3,000 penalty for breach of contract as specified in the contract. [Reuven, who accompanied def to beit din, suggested a compromise, that def would remain for an additional four months. Pl accepted it; def did not.]
Ruling: [Last time, we saw that there were grounds for pl to end the rental. We continue now with practical steps.]
P'ninat Mishpat (829)
Various Rabbis
439 - Too Late to Renew Rental? – part I
440 - Too Late to Renew Rental? – part II
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First we must review the sanctions for breach of contract. The contract states that late vacating of the apartment brings a fee of $50 a day for the first five days and $100 a day for every subsequent day. Additionally, any significant breach of contract carries a one-time charge of $3,000. Since this is reasonable for the refusal to pay or to vacate when legally demanded, the obligation is not precluded by the rules of asmachta (an obligation that one accepts in a not realistic manner). These demands should be tempered by the need to be fair and realistic in allowing for vacating in a way that both def can manage and pl can have a good chance to rent out during rental season.
Therefore, we present def with two possibilities. Pos. #1 (simple application of the law) – Def shall vacate by Sept. 15 (instead of Aug. 3) and pay rent at the normal rate until then. Def will pay $3,000 as stated in contract for breach of contract, which will also go toward pl’s legal expenses. If def will not vacate by Sept. 15, the further expense will be according to the contract.
Pos. #2 (fast vacating) – Def will vacate by Aug. 24, after informing pl of her intention to do so by Aug. 12, and after paying by then for rent until Aug. 24 (7,300 shekels). In this case, def will not pay for breach of contract. Since pos. #2 is beyond the letter of the law, if def wants to claim that she followed its provisions appropriately, the burden of proof will be on her
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
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Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
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Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
