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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 (832)
Various Rabbis
585 - Return of “Borrowed” Pre-School Items – III
586 - Leaving an Apartment with Electrical Problems
587 - Giving a Partnership to One Partner
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