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Ruling: There were certain sociological signs that ren might have difficulty paying, and def1 and def2 should have experience checking things such as ren’s bank statements to determine this. Their recommendation to pl to agree without further investigation was damaging bad advice. Since the damage is only in lost revenues, pl has monetary claims on def1 and def2 only for the period in which it is relatively easy to find renters, which according to two dayanim was only for three months. The dayanim disagreed whether def3 is also responsible for this loss because he did not fulfill the contractual obligation of giving an empty apartment.
The ruling is that ren is not a normal renter as promised. We reject def’s claims that pl should have acted more quickly and did not need a lawyer to go to Hotza’ah Lapoal, as acting with some patience toward a renter and being afraid to go to Hotza’ah Lapoal unrepresented are normal decisions.
Def3 also claimed that pl did not deserve rent because he did not finish paying. This claim is to be rejected out of hand. Every feasible element of giving over control of the apartment was completed (especially, giving ren’s rental checks to pl; a key was not given because def3 claimed that all of their keys were by ren), and the fact that 5,000 NIS was in escrow was originally because pl was waiting for def to get around to giving routine paper work. Thus, the rights of the apartment are pl’s.
Regarding the water repairs, the fact that they accepted the apartment with its apparent problem is a sign of mechila of those issues. Pl admitted, in fact, that he decided to sue for the water issues only after the matter of the rent came up. At that late point, one cannot undo the mechila.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
589 - Proper Return of Rented Apartment
590 - Was the Renter Normal?
591 - Questionable Firing and its Financial Implications – part I
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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 Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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
Rabbis in Midrash
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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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