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Ruling: Regarding def’s status after he took out (almost all of) his property, the Maharam MiRutenberg (IV:833) says that even when someone rented a home to live in and moved out but left some belongings there, he is considered to be continuing the rental. This is even clearer in a case like this in which the main use of the warehouse was for storage. Regarding the idea that it was pr’s property, pl held def responsible because he claimed that def and pr were some type of partners, so that def is responsible for pr. Such a connection was denied and not proven or substantiated by pl.
However, def admits that he gave permission to pr to leave his belongings there and did not force him to remove them. The halacha is that when Reuven gives permission to Shimon to have him leave his animals in Reuven’s care, Reuven is responsible for damages they cause (Shulchan Aruch, Choshen Mishpat 396:8). If we combine this with the Maharam above it comes out that def is responsible for the fact that pr’s possessions are still there and are preventing pl from renting out the warehouse. It also does not matter that pl obstructed def, for a time, from moving his things because the rental went on in regard to pr’s wares.
Since pr’s items were removed only on Aug. 10 and this was done without prior arrangement and pl did not rent it out until Sept. 1, def has to pay until Sept. 1. This is because one needs advanced warning to know when he can make a new rental arrangement. Therefore, def has to pay for 5 months rent.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
577 - A Homeowner Paying for Building Slowly
578 - Payment for Not Clearing Warehouse On Time – part I
579 - Payment for Not Clearing Warehouse On Time – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
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: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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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)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
