YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (832)
Various Rabbis
439 - Too Late to Renew Rental? – part I
440 - Too Late to Renew Rental? – part II
Load More
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: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
