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Ruling: The contract states that def must pay for damages that he causes to the apartment by means of poor or exaggerated usage. There was no evidence or strong claim that the alleged damages were caused in a manner in which def was culpable. Therefore, this charge is rejected.
While many rental agreements call for the renters to return the apartment freshly painted, that is because the contract states such. In this case, the contract does not mention such a requirement, and therefore def is not required to paint.
Clause 5 of the contract requires def to return the apartment "in good condition similar to when he received the apartment." Unless pl signed an admission that the apartment was given to def when it was in poor condition, accepting the apartment as is, counts as an admission by def that it was in reasonable condition. On the other hand, pl does admit that the apartment was not in great condition when he gave it to def, although he claims that he paid for certain helpful items such as paint and an exterminator. The fact that def did not do anything about his complaints about the apartment’s condition when he received it until after he left it somewhat weakens the strength of his claims. Considering the varied indications, we use our authority to rule based on various forms of compromise to obligate def a sum of 600 NIS.
Regarding the claim that pl’s prospective renter backed out of his agreement due to def, we have seen the new contract, and it includes a penalty for backing out. [Considering that pl cleaned the apartment promptly before the new rental was to begin, the new renter did not have grounds to back out.] Pl may not waive enforcement of his contract to be nice to the new renter at the expense of def by trying to make def pay for the new renter’s breach of contract.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
611 - Responsibility for High-Voltage Damage
612 - Dispute on the Manner in which a Rental Ended
613 - Firing during Maternity Leave
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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 Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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: Complaints about Contractor’s Work – part II
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P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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