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Ruling: The contract states that pl1-4 must paint it before returning it. Nevertheless, pl1-4 argue that since the contract also says that they received the apartment painted, since this is false, they are not bound by the clause to paint. This argument is wrong on several grounds. For one, generally, if one signs that he attests to the proper condition of an apartment, he accepts the consequences of the situation when it were true, even if it is not objectively so. In other words, pl1-4 could not have complained about the apartment’s state after signing such a clause. It does not include a concession of the landlord that they can return it in the same form.
Also, in this case, the rental was effectively a six-year rental with a group of women (the group’s makeup partially changed sporadically). The rental started with a freshly painted apartment, and must end, based on the contract, with a freshly painted apartment. If pl1-4 wanted to treat each (yearly) renewal of the contract as a new rental, they should have painted it themselves every year. The fact that they decided not to should not deny def the proper return of the apartment. Although pl1-4 argued that the responsibility should be equally assumed by all the renters over the years, if those who stayed in the apartment or entered it did not demand that those leaving leave money for the painting, that was their decision. Therefore, pl1-4 must pay for the painting.
Def claimed 7,000 NIS for the painting, which is what he paid a professional painter. Beit din awarded only 3,000 NIS, corresponding to the expense of a non-professional job. The contract does not say that the painting must be professional, and def implied in the hearing that pl1-4 could have done it themselves. Since def led pl1-4 to believe that he was letting them get away with not painting and did not inform them that he would sue, he had no right to spend more on what turns out to be their account than they would have had to spend themselves.
Def cannot charge pl1-4 for the loss of his renters. There is no evidence that pl1-4’s behavior directly caused the new renters to not take the apartment. Indications are that the renters decided to back out of the agreement because of the quality of the apartment (as def blamed pl1-4 for lashon hara about it), and the new renters were unlikely allowed to back out. If def decided to let them "off the hook," he cannot obligate pl1-4 in their place.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
791 - P'ninat Mishpat: Overpaying Rent by One of the Roommates – part I
792 - P'ninat Mishpat: Overpaying Rent by One of the Roommates – part II
793 - P'ninat Mishpat: Who Has Rights in the Courtyard?
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
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
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
