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- P'ninat Mishpat
11
Ruling: In addition to the rent def admits to, def also owes va’ad bayit. He did not substantiate his claim of grossly lacking service, nor did he provide any evidence that others withheld payment (pl brought evidence to the contrary). It makes no difference that the contract refers to a va’ad bayit of residents and in practice it was done by an external company, as contracts are to be understood in context, not by illogical literal readings.
The claim that pl waived their rights to late payment are unsubstantiated. During the first year, payment was "guaranteed" by checks, which were not given for the extension and were replaced by the pressure of looming penalty payments. In any case, the claim of mechila requires a migo of another claim (Shach, Choshen Mishpat 75:22), which def lacks.
The claim that the paragraph on late payment is invalid is incorrect. Obvious mistakes in a contract, when the intention is clear, do not invalidate a provision of a contract (Rama, CM 49:2). Beit din can allow late-payment penalties because the contract employs a heter iska. However, this is to be applied only when the payments are representative of the grievousness of the late payment, and a debt of a few thousand shekels must not turn into one of tens of thousands in a short time. Therefore, beit din is setting the late payment for everything owed at an additional 2,100 NIS, which includes estimated waste of def’s time and patience

P'ninat Mishpat (762)
Beit Din Eretz Hemda - Gazit
625 - Stopping Rental due to Corona
626 - Withholding Rental Payment due to Problems with Apartment
627 - Payments for Leaving Apartment in Disrepair
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