Community Magazine October 2009

VERDICT 1: Right to Quiet Joan and David were not compelled to live in the apartment since construction of an adjacent twenty-four-apartment high-rise is certanly an intolerable situation. The couple further explained that they were from out of town and signed the contract before being able to inquire about the properties next door. Bet Din absolved them of liability to their contract. Nevertheless, Steve, the landlord, was entitled to withhold the deposit of three months rent, relying on those halachic authorities who rule that an external defect does not release a tenant from his contract. This reasoning applies also to the home furnishings. The carpet and the wall unit were to be removed by the couple, though Steven the landlord was exempt from paying for the paint job. With halachic sources to rely on, Steve was not obligated to make any payouts. This ruling would seemingly be applicable even if the landlord knew of the construction site plans, providing that he did not mislead the tenant when he inquired. Verdicts VERDICT 2: Time to Leave According to basic Torah law, Eli and Sherry can be evicted without notice, since they have no proof that their rental agreement extended to August 24th. As owner of the apartment, Avi has the upper hand since the property is considered in his legal possession. On the other hand, many poskim accept the validity of tenant protection laws, which are, in their view, adopted into Torah law. It is questionable, however, whether tenant protection laws should include situations where the landlord will remain homeless instead of the tenant. Bet Din arranged a compromise where Eli and Sherry were able to remain in the apartment long enough to organize themselves, pack up their belongings, and reschedule their flight home. Avi, a local Yerushalmi, arranged to stay with his parents for two nights until his apartment was vacated. VERDICT 3: Overanxious Landlord Since future rent would be considered by halacha as new purchases, the heirs of Donald’s estate cannot be held liable and were thus released from all obligations to the landlord. With regard to commercial real estate, a competent halachic authority should be contacted for guidance in applying Torah law. Hashem’s Priorities When a person is partially right, or if one presents a valid claim in Bet Din, his bias usually prevents him from seeing another point of view. This biased perspective often extends even to people not disputing in Bet Din. Most homeowners strongly favor claims presented by a landlord, whereas the less established usually side with the tenant. As human beings, we all have our biases and shortcomings; it’s part of our human nature. Hashem, in His infinite mercy, has given us Torah law to resolve monetary disputes fairly and honestly. When three dayanim judge a case, their decisions are rooted in Torah law. But when the two opposing views each have valid halachic standpoints a Torah based compromise is formulated by the Bet Din. Although neither litigant may be completely satisfied with the outcome, at times a compromise is the only path to achieve truth and peace. tiSHRei 5770 oCtoBeR 2009 63 Brooklyn Indoor Sports Center 800 3rd ave (bet. 27th& 28th streets) Brooklyn NY 11232 718-965-0004 Owned & Operated By: David Shamah (Formerly Hits & Hoops) • Batting Cages (Ages 5 & Up, Baseball & Softball) • Sports Arena (Basketball, Soccer, Hockey Etc...) • Video Arcade • Best Birthday Parties In Towns (Hits & Hoops Style) • Year Round Hitting/Pitching Lesson $25 c o u p o n Towards birthday party package Must present coupon for discount when booking Serving Our Brooklyn Community For 12 Years! Visit Our Family Fun Center Today! Www.3rdavenuesportscenter.Com