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Ruling: It is an agreed and verifiable fact that there was a rental with a valid contract, based on which there are grounds for full payment. The basic halacha is that a renter after the rent has already been due is believed to say that he paid the rent (Bava Metzia 102b). The Shulchan Aruch (Choshen Mishpat 317:1) adds that this is so even if there is a valid rental agreement. In this case, though, def is not believed to make this claim because: A. The checks serve as a means of guaranteeing rental payment, so that were one to pay for a month’s rental in a different way, he is to demand back the corresponding check. B. The giving of a check is viewed as giving the landlord who holds the check the standing of one who is to be believed over the claim of payment (see Chiddushei R. Chaim, Shvuot 41a). This is augmented by the law of the land regarding using checks to force payment (see Tumim 69:8).
Once the payment is viewed as a definite obligation, we view the counterclaims to get out of it as a new demand for payment. Def’s claims of expenses are definite claims (bari) versus pl’s claim of "maybe" (shema), but this is insufficient to award money to def (Shulchan Aruch, CM 75:9). There is no basis for compromise based on "redeeming" the obligation to make an oath because def did not claim that pl was aware of the work. This is augmented by the fact that def is supposed to inform pl and allow him to take care of it as he chooses (responsibly).
Regarding the claim of how much pl owed def for the work he did for a friend and whether he paid, there is a basis for a Rabbinic oath (of kofer hakol) and therefore for compromise. The majority of dayanim did not want to grant partial payment because def brought up the claim at a late stage in the process, which weakens its credibility.
The payments def might have made on behalf of other tenants is irrelevant toward pl. These would have been other people’s obligation, and it is not deductible from payment to pl.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
621 - Pay for Contractor who Left the Job under Protest – part II
622 - Valid Excuses to Not Pay Rent?
623 - Stopping Rental due to Corona
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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 P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 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 83033 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)
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