Translation:Shulchan Aruch/Choshen Mishpat/312

Paragraph 1- If one rents out a house, courtyard, bathhouse or store to another for a set time, he cannot retract and take it back within that time period. Even if the owner’s house fell and he has nowhere else to live, and even if he became poor and he needs to sell it to some else, he cannot take back the rental. The sale would be valid and the buyer must leave the property in the renter’s possession until the time is over. If it was rented in a way where the owner would never be able to buy out the renter if he does not sell, he may sell and evict the renter immediately. If the owner made a condition with the renter that he can evict him if he needs to and the owner sold the property, the buyer cannot evict him. If the renter prepaid the rent, even for a long time, the owner cannot evict him until the entire time he paid for had concluded. Even if a time was not set, we would still presume that he has rented for the amount he paid for. If one rents out a house to another and during that time he wants to build it, he cannot force the renter to leave, even if he provides him a nice house, nor can he bring workers into the house. We would, however, ask the renter to go beyond the letter of the law.

Paragraph 2- If the owner retracted after he rented to such person, and rented or sold to a gentile, or if a thief took possession of the original rental, the owner is required to rent him another similar house. The same applies to anything similar.

Paragraph 3- If the owner gave his property as collateral for a set amount of years, at such and such rate per year, so long as he has not redeemed the field, if he sells it to a third party, the buyer cannot remove from lender within the year. Once the year is over, however, the buyer may evict him.

Paragraph 4- If one rented out for overnight, that would not be less than one day. For resting, it would be no less than two days. For a wedding, it would be no less than 30 days.

Paragraph 4- If one rents out his house to another without specification, he cannot evict the renter until he gives him 30 days’ notice before evicting so he can find another place and not have him thrown to the streets. When is this true? In the summer. In the rainy season, however, he cannot evict him from Sukkos to Pesach.

Paragraph 6- If the owner gave him 30 days-notice before Sukkos and there was even one day remaining from the 30, he cannot evict him until the night following Pesach, so long as he informs him 30 days before. When is this true? In towns. In cities, however, regardless of whether it is the summer or the rainy seasons, he must give him 12-month notice. 12-month notice is required for a store, whether in cities or towns. For stores of bakers and dyers, the owner must provide three-year notice.

Paragraph 7- Just as the owner is required to inform the renter, so too is the renter required to inform 30 days or earlier before leaving and 12 months in the city, so that the owner could find a tenant and his house will not remain unoccupied. If he did not inform him he may not leave. Rather, he must pay the rent or sublease to someone in his place. If he wants to sublease to someone improperly, the owner is not required to accept him. See later Siman 316.

Paragraph 8- If one rented for a set amount of time, once that time is over the owner may evict him immediately, even if the rental period concluded in the rainy season.

Paragraph 9- This that we said that the landlord cannot evict and the tenant cannot leave without prior notice, if the value of the house goes up, the landlord has the right to increase the rent and tell the tenant to either rent at cost or leave. Similarly, if the value goes down, the renter may lower the rent and tell the landlord to either rent to him at the current market rate or here is your house in front of you. This is only true, however, where they made a condition before the time but after the notice period. If they remained past the time without specifying, however, we assume their assumption was on the original rental price. Similarly, if one rented for a set time, even if the value of the house went up or down in value, the parties cannot modify other than what they agree to. If one rented a house from another who was his friend, and he turned into his enemy, the landlord may not evict him from the house. If he originally said he is only renting to him because he is his friend and he then became his enemy, he may evict him.

Paragraph 10- When is this true? Where he rented without specification. If he rented for a set time, however, even if the value of houses went up or down, neither party can increase or decrease the rent.

Paragraph 11- If the landlord’s house that he was living in fell down, he may evict the rent from house and say it is not right for the renter to sit in his house while he has to search for a place and is thrown on the street; he can’t have more rights to this house than the landlord does. This is only where he rented without specification. If he rented for a set time, however, the landlord cannot evict during that time.

Paragraph 12- If one gave a house to his son to marry a woman with and it was known that his son was engaged at such and such time and he had the opportunity to notify the renter before but did not do so, he cannot evict the renter. If he only found a wife now and he is getting married immediately, he may evict him because it is not right that this renter should be sitting in his house while the landlord’s son has to rent a house for his wedding.

Paragraph 13- If one sold, gifted or bequeathed a house, the recipient cannot evict the tenant until he gives him 30-days’ or 12-months’ notice because the tenant can tell the recipient his rights are no stronger than the party he received the house from.

Paragraph 14- In a place where the custom is that they have set time for the new year for rentals, if Reuven rented a house from Shimon for one year and when the year ended he remained in the house for another month without the two parties discussing the following year’s rent, and Reuven now wants to leave but Shimon does not want him to leave until the end of the second year, Shimon is in the right. If two people live in a house and they had a dispute in ownership and one lost the litigation, he must leave even in middle of the winter, even if the other party did not provide him with notice.

Paragraph 15- If one rents a house for a year for a set amount, and they made it a leap year, the extra month would go to the tenant. If the rented it by month, the extra month would go to the landlord. If he mentioned both months and years, regardless of whether he said “a dinar per month, 12 dinar per year” or “12 dinar per year, a dinar per month,” the extra month would go to the landlord because real property is in the possession of its owner. If one hired a teacher for his son and used these two languages, however, and the teacher learned the extra month with him, the father does not have to pay the teacher.

Paragraph 16- If the owner says he rented it for a specific time and the renter says he rented without specification or for a longer time, the renter has the burden of proof. If he cannot bring proof, the owner would swear a heses oath and evict the renter from his house. The same would apply in the case of any doubt that arises between the homeowner and the party dwelling in his house unless the renter consumed the required years of presumption, in which case he is believed with a migu he could have said he purchased the property.

Paragraph 17- If one rents a house to another for a set time and wants to destroy that house within that time, the renter may stop him. If the landlord went ahead and destroyed within that time, he would be required to provide him another house or rent a similar house for him. If the house fell on its own and the landlord said he is renting out “this house,” he would not be required to rebuild it. Even if the landlord rebuilt it, he can tell the renter not to live in it. Rather, he would evaluate how much of the house he used, and would return the rest of the rental payment. Even if the renter were to offer to rebuild it himself, we would not listen to him. There are those who say that this is only where the entire house fell. If the house still exists but is dangerous to live in, however, the landlord is required to repair it if the rent was prepaid. If the landlord said he is renting out a house without specifying and it fell, he would be required to rebuild it or provide with him another house. If that other house was smaller than the house that fell, the renter cannot object so long as it is referred to as a “house,” because he only agreed to rent him a house without specifying which one. So long as the house has not fell, however, the landlord cannot evict him and give him a smaller house than the current one. If the landlord said he is renting him “a house like this one,” however, he would be required to provide the renter a house that is the same length and width as the house that he showed him. The landlord cannot say that he just meant the house would be near the river, market or bathhouse likes this one is. Rather, he must provide him a house that measures and looks like this one, even if it is not as beautiful in the way it is built or decorated. Thus, if the original house was small he cannot give him a big one. If it was big, he cannot give him a small one. If it was one house, he cannot give him two houses. If it was two houses, he cannot give him one. There can be no less or more windows than the original house without the consent of both parties. If the house burnt down, the law is as if it fell. If the entire city burnt it is a country-plague and the renter would deduct from the rent that which he did not live there, regardless of whether he prepaid or not. If one rents out a fallen house to another, it is with the understanding that the landlord will rebuild it.

Paragraph 18- If one rents out an upper story without specifying, he must provide the tenant with an upper story. If he said he is renting out this upper story on this house, he has obligated the house to the upper story. Thus, if four amos or more of the upper story opened, the landlord would be required to repair it. If he does not repair, the renter would go down and live in the house with the owner, and enter and exit via the house entrance until he repairs the upper story. If the house and upper story fell, however, the landlord would not need to build another one since he said “this house.” If the upper story fell, however, the landlord would be required to build it so long as the house exists.

Paragraph 19- If there were two upper stories, one on top of the other, and the higher one opened up, the tenant would live in the lower one. If the lower opened up, it is uncertain whether he should live in the upper one or the house. Thus, if he should not live there, but if he did we would not evict him from there.

Paragraph 20- An incident occurred where one told another that he is renting him the vine on top of this peach tree, and the peach tree was uprooted from its place, and the details of the incident came to the Rabbis who said the owner must provide him another peach tree so long as the vine exists. The same applies to anything similar. This is only in such a situation where the peaches still exist but they were uprooted from their place. If it was cut down, however, he is not required to provide him with another. Similarly, if the house under the upper story fell in a case where the landlord said he is renting the upper story on this house, he is not required to provide the renter with another house.