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Ruling: A contract for a set time is like a temporary sale, and neither side can back out earlier than the stated provisions allow (Shulchan Aruch, Choshen Mishpat 312:1; Shut Harashba I:1028). This is true even if the renter cannot continue due to extenuating circumstances (Shut Harama 20; Shach, 312:2). Therefore, the rental is intact until 30.6.20, and def must pay the full price.
Def said that he does not want to stop the rental but to have someone take his place. However, in our days, subletting is permitted only if the contract allows for it (Pitchei Choshen, Sechirut 4:(22)). This contract permits "bringing in an additional tenant according to these conditions." According to pl, that means that def would remain the renter, but that he could bring in someone to use one of the rooms in addition to him, under def’s responsibility. Beit din accepts pl’s reading of the contract. Since there is no contractual clause allowing def to find a replacement, pl was permitted to make his agreement to such an idea conditional on def fulfilling his financial obligations.
Pl had an obligation to accept a replacement tenant if it did not hurt him, including that the person must be fully acceptable as a tenant (Beit Yosef, CM 312). That potential tenant in this case did not want to get involved as long as there was conflict between pl and def. Upon questioning the litigants, it does not appear that pl put any undue pressure upon the prospective replacement. It was reasonable for pl to not let def off the hook when it looked like he wanted to avoid paying all that he owed.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
675 - Paying for Changes to Building Project–part II
676 - A Commercial Rental for a Closed Business – part I
677 - A Commercial Rental for a Closed Business – part II
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Beit Din Eretz Hemda - Gazit
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)
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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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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