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Ruling: The electrician testified that the rental apartment has use of 60 amperes (more than pl has), which should be enough. If pl uses too much electricity, the electricity in both apartments blows. Beit din reasons that the sharing of an electric box with pl and the inability to remedy a circuit breaker stoppage when pl is not at home are serious flaws. The fact that def lived in the apartment for a few months before leaving it, and even before signing the contract, does not preclude making such a claim. Although usage after discovering a blemish precludes backing out (Rambam, Mechira 15:3; Shulchan Aruch, Choshen Mishpat 232:3), beit din accepts def’s claim that they did not know because pl did not tell them of the joint electric box, and this became clear only when guests tripped the circuit breaker on Shabbat. The fact that pl has not been able to rent out the apartment months after def’s leaving supports the contention that the apartment is more fit for short-term, vacationers’ rentals, for which it used to serve. Regarding the small claims, def admits they were supposed to pay for utilities, and since they did not respond to the details of pl’s claims, we accept pl’s numbers based on beit din’s right to use its discretion. Regarding pl’s claim that the air-conditioner is no longer working properly, by contract this is def’s obligation. We do not accept def’s claim that they received it that way because they used it for several months. Regarding painting the apartment, although def had a right to leave early, they were there long enough for there to be logic for them to paint, and as a compromise they will pay 1,500 shekels toward it. In all, def owes pl 2,682 shekels.
P'ninat Mishpat (835)
Various Rabbis
552 - Return of “Borrowed” Pre-School Items – III
553 - Leaving an Apartment with Electrical Problems
554 - Giving a Partnership to One Partner
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 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
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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
