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- 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 (835)
Various Rabbis
398 - Kashrut of a Tea Bag Holder
399 - Too Late to Renew Rental? – part I
400 - 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
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
