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Shabbat Parashat Behar 5772

Behar | 20 Iyar 5772 | 5/12/2012




P'ninat Mishpat: An Aggressive Landlord part II

The defendants (=def) rented an apartment from the plaintiff (=pl) as they were preparing for aliya, signing a two-year contract (via fax) and paying two months rent weeks before they were to come. The contract required them to give a security deposit upon their arrival in Israel. Upon arrival, the relationship began tensely when def complained by phone about an element of the apartments condition, prompting pl to react with verbal aggressiveness. Upon their first face-to-face meeting, pl demanded the security deposit in cash or with an Israeli check. Def, who were without an Israeli bank account and were experiencing difficulties with cash transfer, were prepared to give only a foreign currency check, but pl viewed this as a ploy. Pl called daily, with the two sides barely understanding each other, speaking in a manner that pl referred to as resolute and def referred to as threatening. After meeting a rabbi and a lawyer, def took their advice to unilaterally back out of the rental. Pl sued for breach of contract, which had caused him the loss of four months rent (for non-occupancy) and the difference between defs rental agreement and the lower rent of the new tenants. Def responded that it was not possible to continue living under the threat of eviction and possible violence. Their legal advisors also claim that the agreement was invalid because pl displayed a situation known as ayil vnafik azuzei (anxiously seeking payment) and because pl did not sign the contract.

Dedication

This edition of
Hemdat Yamim

is dedicated
 to the memory of
R' Meir
 ben Yechezkel Shraga Brachfeld

o.b.m

 

Hemdat Yamim

is endowed by

Les & Ethel Sutker

of Chicago, Illinois
in loving memory of
Max and Mary Sutker
and

Louis and Lillian Klein, z”l

 

This edition of
Hemdat Yamim
is dedicated to the memory of

Rabbi Shlomo Merzel o.b.m,
who passed away
 on the 10th of Iyar 5771

 

Dedicated in memory of

 Leiser Presser

 ben R'Aharon Yitzhak and Bracha

on the occasion of his yahrzeit, 24 Iyar,

and members of his family

 who perished in the shoah

 Al Kiddush Hashem.

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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