Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
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 (835)
Beit Din Eretz Hemda - Gazit
574 - Proper Return of Rented Apartment
575 - Was the Renter Normal?
576 - Questionable Firing and its Financial Implications – part I
Load More
Beit Din Eretz Hemda - Gazit
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 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 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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
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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
