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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: [We saw that the "removal clause" is binding.]
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
717 - Disagreement on Length of Rental Commitment – part I
718 - P'ninat Mishpat: Disagreement on Length of Rental Commitment – part II
719 - How Much Pay for the Fired Lawyer? – part I
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What if the clause were not intact? At the end of a set rental period, a landlord can remove a tenant with no warning (ibid. 8), as a tenant can leave with no warning (S’ma ad loc. 13). The Shach (ad loc. 10) implies that this is even if the landlord had continued living there thereafter. In the latter case, some say (see Chochmat Shlomo ad loc. 1) that if a long time passed, the tenant cannot be removed suddenly, because at that point, he had no reason to suspect the need for sudden relocation. However, Chochmat Shlomo says that 30 days is sufficient warning. The Aruch Hashulchan (ad loc. 24) says that the warning period could be no longer than the contract’s duration. In this case, the sides had yearly agreements, and at the "anniversary" of renewal (in this case, June 2022) pl could have stopped it then; thus, pl’s warning in May sufficed.
Israeli law (Law of Renting, par. 19a) requires "reasonable" warning. Pl says that three months is plenty, and def says a year is needed. Although it is not clear that the law is halachically binding, in any case, when the agreements were on a yearly basis, a full year of warning could not be needed. Therefore, three months definitely suffices.
At this point, when many months have passed since the warning, but the ruling is being given only now, we might apply the ruling that generally 30 days are given to implement a ruling (see Netivot Hamishpat 100:1). The Chikrei Lev (CM I:62) says that this is not so regarding continuing rentals because the landlord is muchzak. However, we decide that without 30 days to move out, def would be caused hardship.
Beit Din Eretz Hemda - Gazit
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#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
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Rabbis in Midrash
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