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> Hemdat Yamim

Shabbat Parashat Rosh Hashana 5781

P'ninat Mishpat: Was the Renter Normal?

(based on ruling 71093 of the Eretz Hemdah-Gazit Rabbinical Courts)

Case: The plaintiff (=pl) bought an apartment for investment from defendant #3 (=def3), with the help of a lawyer (=def1) and a real estate agent (=def2). In order to complete the deal, def3 was supposed to give pl the keys to an empty apartment. A renter (=ren) lived in the apartment at the time, but pl agreed to become her landlord in exchange for the checks ren gave, on condition that ren is “normal.” These conditions were written in a new agreement, which def1 and def2 supported. Since that time, ren has not paid any rent for five months, and it required legal intervention at Hotza’ah Lapoal to get her out, for which pl demands compensation. 5,000 NIS for the purchase remains in escrow, originally because def3 owed pl certain documents and now because pl claims breach of contract due to ren’s lack of pay. The defendants respond that ren always paid properly, and there were no signs of problems, so they are not guilty of misrepresentation. Pl is also suing for the 1,000 NIS he needed to fix water damage in a wall. Def3 responds that pl had seen the water marks and signed a contract that states he accepts the apartment “as is.”

 

Ruling: There were certain sociological signs that ren might have difficulty paying, and def1 and def2 should have experience checking things such as ren’s bank statements to determine this. Their recommendation to pl to agree without further investigation was damaging bad advice. Since the damage is only in lost revenues, pl has monetary claims on def1 and def2 only for the period in which it is relatively easy to find renters, which according to two dayanim was only for three months. The dayanim disagreed whether def3 is also responsible for this loss because he did not fulfill the contractual obligation of giving an empty apartment.

The ruling is that ren is not a normal renter as promised. We reject def’s claims that pl should have acted more quickly and did not need a lawyer to go to Hotza’ah Lapoal, as acting with some patience toward a renter and being afraid to go to Hotza’ah Lapoal unrepresented are normal decisions.

Def3 also claimed that pl did not deserve rent because he did not finish paying. This claim is to be rejected out of hand. Every feasible element of giving over control of the apartment was completed (especially, giving ren’s rental checks to pl; a key was not given because def3 claimed that all of their keys were by ren), and the fact that 5,000 NIS was in escrow was originally because pl was waiting for def to get around to giving routine paper work. Thus, the rights of the apartment are pl’s.

Regarding the water repairs, the fact that they accepted the apartment with its apparent problem is a sign of mechila of those issues. Pl admitted, in fact, that he decided to sue for the water issues only after the matter of the rent came up. At that late point, one cannot undo the mechila.   

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Dedication

We daven for a complete and speedy refuah for:

Nir Rephael ben Rachel Bracha
Refael Yitchak ben Chana

Netanel Ilan ben Sheina Tzipora

Netanel ben Sarah Zehava

Meira bat Esther

Yair Menachem ben Yehudit Chana

Rivka Reena bat Gruna Natna

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra

Esther Michal bat Gitel

Yehudit Sarah bat Rachel

 

Together with all cholei Yisrael

 

Hemdat Yamim is dedicated

to the memory of:

those who fell in wars

for our homeland

 

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

 

Rav Shlomo Merzel z”l
Iyar 10 5771

 

Rav Reuven Aberman z"l

Tishrei 9     5776

 

Mr. Shmuel Shemesh  z"l
Sivan 17 5774

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8    5776

 

Mrs. Sara Wengrowsky

bat RMoshe Zev a”h.

Tamuz 10       5774

 

Rav Asher Wasserteil z"l

Kislev 9   5769

 

R'  Meir ben

Yechezkel Shraga Brachfeld z"l

&

Mrs. Sara Brachfeld z"l

Tevet 16 5780

 

R'  Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

 

Rav Yisrael Rozen z"l
Cheshvan 13 5778

 

Rav Benzion Grossman z"l
Tamuz 23    5777

 

(Rav Moshe Zvi (Milton

Polin z"l

5778 Tamuz 19

 

R' Abraham Klein z"l

Iyar 18 5779

&

Mrs. Gita Klein z"l

4 Av

 

Hemdat Yamim
is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker


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