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Shabbat Parashat Balak 5781

Balak | 16 Tammuz 5781 | 6/26/2021




P'ninat Mishpat: Withholding Rental Payment due to Problems with Apartment

The plaintiffs (=pl) rented out their apartment to the defendant (=def) from 02.2019 until 01.2020 for 2,400 NIS a month with a rental contract. Def was required to pay vaad bayit payments, which was run by a management company; def did not pay, and pl eventually paid instead. During the year, def made claims of problems with the apartment and pl reduced the rent by 6,000 NIS, allegedly to avoid disputes. At years end, pl wanted to end the rental (claiming that def often paid late, was difficult to contact, and did not allow workers into the apartment to fix things). They eventually agreed as a chesed (the apartment def was to move to was not yet ready) to extend the lease for a month with a new contract, which included an arbitration agreement to go to Eretz Hemdah and large penalties for late payment. Def has not paid rent or vaad bayit for the additional month or any late payment penalties. Pl is suing for payment of rent (2,400 NIS), vaad bayit (200 NIS), and penalties (11,000 NIS for rent and, if possible, 11,000 NIS for vaad bayit). They cannot sue for last years vaad bayit because it is not included in the arbitration agreement, and def refuses to give beit din jurisdiction. Def deflects culpability for lateness during the year and is, in theory, willing to pay for the months rent, except that he claims to be in the midst of bankruptcy proceedings. Def claims to not be obligated to make penalty payments because pl relinquished rights in return for defs promise not to tell potential renters about problems with the apartment. He also says a mistake in the paragraph about late payments renders it ineffective. He claims not to owe vaad bayit, as others in the building refused to pay because of the bad job the company did.


Dedication

We daven for a complete and speedy refuah for:

Nir Rephael ben Rachel Bracha
Yisrael ben Rivka

Rivka Reena bat Gruna Natna

Arye Yitzchak ben Geula Miriam

Neta bat Malka

Meira bat Esther

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 & Esther Shemesh z"l

Sivan 17 / Av 20

 

Mr. Moshe Wasserzug z"l

Tishrei 20 ,5781

 

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 & Susan Wasserteil z"l
Kislev 9 / Elul 5780

RMeir ben

Yechezkel Shraga Brachfeld z"l

&

Mrs. Sara Brachfeld z"l

Tevet 16 ,5780

 

RYaakov 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

Tamuz 19,  5778

 

R' Abraham Klein z"l

Iyar 18 ,5779

&

Mrs. Gita Klein z"l

Av 4

 

R' Yitzchak Zev Tarshansky z"l

Adar 28, 5781

 

Hemdat Yamim
is endowed by Les z"l  & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
& Louis and Lillian Klein z”l

Hemdat Yamim

A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, ztl, Pninat Mishpat (Jewish Monetary Law).

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