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Ruling: After the sides agreed orally, there were multiple elements that (might have) served as a kinyan. Paying for the rental is a kinyan (Shulchan Aruch, Choshen Mishpat 190:1), and many poskim say that giving checks (which def did) counts as money. The signed contract is a kinyan at least as situmta (see ibid. 201:2), even if the contract does not contain a date (see ibid. 317:2). Use of the property is also a kinyan (ibid. 195:9). Once there is a kinyan, the assumption is that rent is due until proven that it was supposed to be for free. The fact that there was no tofes 4 does not preclude a real rental because communications between the sides show that def was aware that there was not going to be one in the beginning and that it was not clear when there would be one. It is also noteworthy that def first brought up this claim only several months after they entered the apartment and some payments were already made.
According to def there was explicit agreement not to pay rent until permanent electricity was installed, and such an agreement can be valid, but pl denies this. Usually in such cases, we say that the one who wants to extract payment (in this case, pl, since he wants payment for rental from def) must bring proof. However, since there was a relationship in practice of renting (i.e., def actually lived there with pl's permission), to claim that a condition exists to exempt natural payment requires proof (see Shut Harashba I:972; K'tzot Hachoshen 251:1).
Although the rental contract is undated, this does not invalidate the contract. We can also deduce that def considers the contract as valid from the fact that they used it to support some of their claims. As far as from when to apply the contract, naturally this would be when def started living there. In this case, pl admits that it started a few days later, in the beginning of Sept. 2021.
We continue next time.
P'ninat Mishpat (830)
Beit Din Eretz Hemda - Gazit
781 - P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part IV
782 - P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part I
783 - P'ninat Mishpat: Rental of an Apartment that Was Not Quite Ready – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
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Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
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based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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