COMMUNITY MAGAZINE March 2021

ADAR - NISSAN 5781 / MARCH 2021 43 YOU JUDGE! BE THE UNAUTHORIZED TENANCY Joe recently moved out of his office in Manhattan on account of COVID-19. David, who was renting an office in Brooklyn, offered to sublet half of his office space to Joe for payment of half the rent. The arrangement continued for sixmonths until the landlord claimed that David his tenant was in breach of contract. The landlord presented the contract to our Bet Din, which explicitly restricted David from transferring the property to another tenant. The landlord requested to evict David from his property and demanded that all proceeds illegally collected from the sublet are to be forwarded to him. David responded that he cannot afford to pay the sum of $21,000 but is willing to do so if he is required to by Torah law. He further expressed that since to date he paid in full all of his rent, he should not be required to forward the money he collected from Joe. As per the eviction, David explained that either way he is unable to pay his rent without an additional tenant to supplement the cost and he is happy to leave the property. David then informed his landlord that he needs four to six months to find a smaller property. IS THE LANDLORD ENTITLED TO THE PROCEEDS OF THE UNAUTHORIZED SIX MONTHS OF JOE’S TENANCY? DOES HE HAVE THE RIGHT TO EVICT DAVID? CAN DAVID STAY FOR AN ADDITIONAL FOUR TO SIX MONTHS UNTIL HE FINDS A SMALLER PROPERTY? HOW SHOULD THE BET DIN RULE AND WHY? YOU BE THE JUDGE and send your response to YouJudge@CommunityM.com Verdicts – and the accompanying rationale – will be reviewed by the Rosh Bet Din. The first three correct submissions received before the deadline will win a $50 gift certificate to a Community Magazine advertiser! Correct entries will receive honorable mention in the next issue when the Rosh Bet Din’s verdict is printed. 456 Ave P Bklyn NY · 272 Norwood Ave Deal NJ Shop our Blowout Sale 60%Off (exclusionsapply) For our daily looks Follow us @maryzbuyer (summer location) Fashionable Trendy European WomansWear