Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Even according to pl’s account about their stipulation, it was to "return the property to a normal state," and since it had been a dorm for decades, that would not indicate acceptance of a major renovation. Under such circumstances, he lacks the ability to extract money. Although pl claims that the apartment was overall in bad repair, since pl knowingly rented out the apartment for decades as a dormitory, this is the expected state to find it.
As far as the claims that def made many changes, beit din inquired of pr, who confirmed that it was already used as a dorm when they were renters. While they did not remember details, it strengthens def’s claims that they changed little upon starting to rent, and pl has not proven his case for their payment. Because it is unclear if def did enough to restore the apartment to its proper state and it is wasteful to hire an expert, we will have def pay 1,000 NIS toward renovations.
As far as notification, the standard halacha is that if there was no set time to finish the rental, both sides need to give a month’s notice in a small city and 12 months in a central city (Shulchan Aruch, Choshen Mishpat 312:7-8). If a renter leaves earlier, he must continue paying. By Israeli law, one must give three months’ notice, and this is the local practice as well. The payment could be either because leaving without proper notification causes damage or because it is an assumed acceptance of responsibility. In this case, though, since pl decided to take the opportunity to make serious renovations over a few months, at which time he could not rent out to another nor could def go back to using it even if he were to pay, it is not a real loss for which payment is appropriate.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
573 - Money Given for Shemitta Observant Farms - Part III
574 - Proper Return of Rented Apartment
575 - Was the Renter Normal?
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 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: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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
