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Ruling: Regarding the retroactive raise in rental rates, the Shach (Choshen Mishpat 312:10) does rule, based on the Rashba (II:294), that if one continues to stay in a rental after the time is up without a new agreement, he pays according to the old rate even if the prices had gone up. However, it is clear from the Rashba that this is only when the landlord allows him to stay without protest. The Shulchan Aruch (CM 363:6) states that even in a case in which one who squats in another’s house does not need to pay rent, if the owner told him to leave and he did not, he has to pay the full rental rate. Since pl has substantiated the change in price and he asked def to leave, from the point of that request, def is required to pay 4,130 NIS a month.
Regarding changes done to the warehouse, pl has not proven that it was done by def rather than pr. For whatever reason, pl decided not to sue pr, who refused to come to beit din as a witness. Had he done so, we might have been able to get to the truth about when the changes were made. So in this case, we will follow the rule that the burden of proof is on pl, who wants to extract money, and we will not obligate def for this. However, pl spent 2,000 NIS on removing garbage of all sorts left behind. Since the assumption is that one who rents a warehouse checks that it is clean of major debris before taking it, the contractual obligation to leave it in the manner he received it requires that def pay this expense.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
579 - Payment for Not Clearing Warehouse On Time – part I
580 - Payment for Not Clearing Warehouse On Time – part II
581 - Money Given for Shemitta Observant Farms
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Beit Din Eretz Hemda - Gazit
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 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 P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 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)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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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)
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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)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
