Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: Late vacating: Pl claims that the three-day grace period does not exempt for the first three days if def stayed longer than three days. Either way of understanding the grace period is plausible. Since there was a definite contractual obligation and only a possible exemption, pl deserves payment for all the late days. Beit din is not convinced that the changing of the locks prevented def from arranging for movers to come in coordination with drep. However, we will not levy the full 800 NIS daily payment at a time when def was unable to use the apartment for living; we will suffice with the prorated price of rent.
Painting and cleanliness: Def is exempt from painting. There is not a strong enough practice of painting at the end of a rental to obligate in cases in which the landlord does not bother to put it in the contract. As far as returning it in the same condition, since it mentions that this excludes normal wear and tear, the need for painting is included in that category of exemption. The contract also does not mention a need for an immaculate professional cleaning, and therefore there is no charge for that either, based on the sides’ claims and the video.
Counterclaim about water leakage: Def did (as documented) complain about the water problems, especially in between the contracts. However, when the contract was made for the second year without including compensation for lack of usage for the first year, there is an implicit waiving of any claims for that year. The communications related to the negotiations show that these complaints were used as grounds not to raise the rent for the second year, in which case, def cannot now retroactively use it to further reduce the rent under what was agreed upon.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
729 - Dealing with Shortcomings of Building Project
730 - Claims on the Return of a Rental Apartment
731 - Repercussions of a Sale that Turned Out Not Happening – part I
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
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)
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)
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
