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Ruling: Proceeds of rent: Since the court ruling had been to void the sale based on a crucial breach, pl deserves to have received the rent. Def had told the court that he received 2,000 NIS for most of the time of the rental and had not given it to pl because it went toward paying for the renovations. Def claims to never having admitted receiving 60,000 NIS, but just providing the basic framework. In fact, def claims that some of the renters did not pay and that they had to pay for repairs between renters. However, neither pl nor even def has a record of how much was received.
In a case in which both sides agree to an obligation and neither knows the amount, the Shulchan Aruch (Choshen Mishpat 75:18) has two opinions as to whether the defendant is totally exempt from the difference between the highest and lowest possible amounts or there is a moral obligation to work out a compromise. The Shach (ad loc. 67) follows the opinion of exemption. However, one of the reasons given for the exemption is that just as the defendant is at fault for not knowing how much he owes, so is the plaintiff at fault for not knowing how much he deserves. In this case, since pl had no way of knowing how much def received from renters, we will employ a mechanism of compromise (the calculation came out to 56,550 NIS). Def does not have a right to subtract from this amount for upkeep, because he was not acting with the authorization of the homeowner (see Ketubot 79b). We will discuss separately charges for improving the unit.
We will continue with other elements of the dispute next time.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
741 - Claims on the Return of a Rental Apartment
742 - Repercussions of a Sale that Turned Out Not Happening – part I
743 - Repercussions of a Sale That Turned Out Not Happening – part II
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Beit Din Eretz Hemda - Gazit
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