Tenants And Landlords In Halacha - Rabbi Yakov Zev Smith

um i'd like to welcome everyone to today's sheer from our yeshivanet.com someone rented an apartment and he didn't even notice but there was no phone line no landline phone the the landlord assumed that everybody uses cell phones tenant was uh unhappy i need a phone could he force the landlord to put in the phone line before he moves in or the any one of the common questions when there's a pair repair to be made who pays for it you know a typical case the tenant calls up the landlord you have a problem with my sink and so he says no no you have a problem with your sink and they start fighting who pays for it for the course of plumbing electricity that that needs repair who pays a landlord a tenant and then i guess part three of the questions the third category is when the tenant moves out and he leaves the apartment with a lot of wear and tear with a heavy emphasis of course on tear there's plenty of zechariah corbin that he leaves and the landlord is shrieking you have to pay for this and that and the landlord the tenant says that's normal usage i lived my children like and their lively children so if you notice the common denominator are really all questions of the landlord tenant relationship and we chose to show you the three categories questions before you move in what is the responsibility of the landlord to provide before he moves in who pays for the repairs during the time that the tenant lives there and when he moves out what does he have to pay if there are any damages and the truth is it's not only landlord tenants the bachelor territorial they have adira their first introduction to being a tenant and being responsible girls and seminaries and you have bungalows so basically it has a number of various applications that we have to try to clarify today versus hashem and i'm going to i'm going to use the word landlord and tenant instead of reuven and shimmer because people forget who ruvain and shimon is so landlord to a baller bus and tenant of course is the tenant now the the real challenge and i have to stress this which makes this these questions sometimes very lively very levitic is both sides are convinced that they're right take a simple example i'll give you a muscle the tenant wants to change a little structure of the apartment he has a big living room he doesn't need a big living room he needs a bedroom for his uh new child so he wants to make a partition put up a wall and make a big living room into two rooms and the landlord is yelling don't be magic my house it's my house and the tenant says back i'm out of the doctor case i pay rent it's my house i want to be comfortable where i'm living and learn a lot of screams it's your house i paid dumb entirety for this house and i paid a mortgage and i paid taxes and water and nobody and it's just very levitic and both have a right claim i pay rent i had to move i had to pay moving costs and i i fixed up the apartment i can't live where i want landlords what i mean it's my apartment so the next squabble which is the lush in the kia from is when it comes to paying for repairs now everybody takes the other approach the landlord says excuse me it's your house you pay for it tenant says excuse me you told me last month that it's my house now you pay for it so it beckitsa is plenty of virtual ground for some serious majoricus but as our terracois is we always find the answer in our toyota so let us look i guess we have to clarify one simple point which is uh maybe not as simple as we'd like it to be but i think it's pretty simple what is exactly the halachico the legal status of a rented apartment now let me explain can we somehow prove that if someone rents an apartment so during the time of the of his lease it's like his house in other words we find them but see and obey the concept that actually is the police can use the terms here is kameka if i pay rent so i have some type of violence in other words if someone stays in my house for a full year i give him his own bedroom i give him a comfortable apartment but he doesn't pay rent so he's a i'm about he has no rights to the to that the place that he's staying but a tenant is paying rent and he invented he invested costs for moving and kayakers are moving so maybe he has more of a balance than a regular guest we say here is kameka in other contexts does that apply regarding our shires but then again the landlord is still the baller bus so how do we classify the tenant and his apartment does he have a certain balance so i'll tell you a few halaches and i think we should get a pretty good picture imagine that the landlord calls his tenant i have terrible news for you he says his house burned down the tenant the landlord had his own house and this is a this was an investment this rental and his house burned down so he tells the tenant basically find a different apartment because it's my house and i have to ask you to leave i need i need a place to live i don't have a roof over my head so we might say maybe he's right it's his house but allah has this very case and basically if it's within the lease you can't tell a tenant to move even if it means that the landlord has to be homeless because as the rush in bhavamitsiya pariksha simmons cafe explains the shrivas liz lesman kotze of kamehameha and that's music tower is the rush is saying that a tenant has certain violence so much so he could tell the landlord you stay homeless and i'm staying in my comfortable apartment how about the next shilom the landlord is renovating his upstairs apartment and the contract says by the way once that i'm here anyhow i'll throw in some extra repairs at a half price because i'm here anyhow so 10 glen says oh it's a good idea i'll renovate the tenant's apartment i always wanted to do it now it's half price the land the tenant finds out about it he says i'm michael typist i don't need renovations i rather have quality of life i don't need all the noise and all the disturbances i don't want renovations so landlords i didn't ask you if you want renovations it's my apartment i want to make renovations i'm going to save here price who has right-of-way of course they both get emotional it's your house it's my house but who has right of way so to us it's a hotspot you can't tell the bus what to do with that the land the tenant could say i don't want the disturbances octagon on that machaba on the ramon chinese aleph that the tenant has some very strong rights he could tell the landlord you know zeitgeist i don't want you to make renovations i must mention there are more heirs on this based on me in other words you tenant you have right-of-way you could tell him i don't want anything to be done but we suggest or maybe we request of him to do the misura sadin now this sounds to be a contradiction in terms because if the tenant is right why are you telling him to do beyond the the letter of the law but this survivor is part of our torah part of our law as beings and i quote him one of the reasons why islam was destroyed because immediate the name of the abdullah flemish id so it's not just a beyond the lord letter of the law it's part of our law famous martin bava matsiya pay gimbal we're the dying told to pay and here you see that the tenant is right but try to be accommodating so basically we can't forget in all of the shiatas we're going to talk about aloha but there's always the dinah hakeem the better off we are you know that's that's the secret of it but we do see clearly that the land that the tenant definitely has certain rights now i'll ask you a different child let's say they made a very uh careless um lease they decided they they rented the department for the summer what does someone mean some i mean you see but that's the summer labor day until you start saying i mean how do you decide what summers so here's the question when you have when you have a a problem between tenant and landlord and it's a suffix you don't know what to do so what's the luck of any sufficient any suffix the music wins i say now the fundamental question is who's the music regarding the rented apartment the landlord owns it the tenant is living there he has hands on landlord owns it who's the music regarding an apartment so this is a machab and shinyu where the mecca says that basically the the landlord is considered the music and there most of the whole suffix and his suffix we give the landlord the right of way the music tower is and even though he's not living there but the landlord is the music so now we see that also it has right of way but we see even more than that let's say a person had rented a one family house let's see the landlord has an investment here he lives elsewhere he has a one family house that has a rental and he rented it to someone one morning there's a helicopter flying over the yard of this rented apartment and someone drops a very expensive gold ring falls into the hotzer okay now it's an aveda sakura marielle so the the antenna makes the kid does that job he became a giver the label said excuse me fat seriously and it's my hudson it's my house give me the ring who's kind of an aveda that fell into the hot so now if the veda was there from you know before before the tenant moved in so it was really kind of that bala bus i'm talking about it fell into the khatsa that only the tenant has rights because he rented it so this is also your gimbal gimbal that basically as far as the evade is concerned it belongs to the bala bus to the landlord why because it's his hotzer i freak the shock like we said earlier we had other that the the tenant has right because here is kamehameha so he basically quotes a reverse incentive that we're looking for let's not confuse the issue the landlord owns the house the about the tenant and i quote tanner has rights to use it when do we say so here we see and if we seem to be getting mixed messages we saw three lockers that's here he can't evict him he can't make renovations against his will and other like that that it belongs to the tenant and now we see that it belongs to the balabai's but i'll tell you one more and then we'll see the clarity the question let's say the land the tenant is going to the mountains for the summer and his billy could afford the bungalow but he has an idea i'll rent a i'll sublet my apartment someone will pay me for the two months i'll make i'll let me make a profit even because people are very desperate for apartments coming from earth israel you're going to make a profit he's in a rent department to someone else and he'll make money and the landlord is fuming don't then rent it to anybody and if you do i get the money you're renting my apartment so again it comes very lively and levitic but this is a clearance to rent it to a wild group that's going to damage the premises of adenalero i'm telling you when to get to a responsible family so this in aleph says if the new tenants quote unquote have the same amount of people or less there's no more occupants then you're allowed to do it but you can't rent it to a bigger family that you had so it seemed like you know it's conditional the tenant has rights laila has rights but what really is compelling the ramos says that if he has rights to do it he can even make a prophet he doesn't have to give it to the baal boss right when i take your paranoia you want to make profit on it that's oh he says but here i'm not making the profit from the house actually i'm making the profit from my ability to live there i have schools that's not you that's mine i paid rent i'm paying rent so the the this here is kanye and i was just to rent it because i'm making profit from my rental not from your house so now we see it seems to be mixed messages who has the rights of the house we saw a number of locus that is kanye that the land the tenant has right you can evict him you can't make renovations against his will and now we see the aveda is his and he's the music and he and now we see subletting is depending on the situation but if you think about it it's not a steroid there's no doubt about it that sahirus kamemka has certain halachic rights if a person pays rent rent is not a seductive case he has certain rights but the rights are basically to live undisturbed you can't evict him even if the landlord has no other place to live but it's his you can't make renovation when it disturbs him but who owns the house you can't say that the tenant owns the house he doesn't pay mortgage he doesn't pay the water bill there's no way the tax bill so when it comes to halal they're totally in ownership by loss that's absolutely the bala bus the music is about the bus the evade when it comes to living conditions that the tenant has certain rights and therefore he could say don't make renovation when it disturbs me so much so he has rights that he could even make a profit if it's not have to the bala boss because he has rights to live there and that he could transfer to the new tenant so basically we see that both have rights now here is the the problem and the solution all in one if a landline tenant are only thinking about their own rights and not understanding the other perspective that usually brings war because baalba says what you do that it's my house i put my life into the house and you're doing what you want so he gets all excited and he's all upset the tenant says wow i can do what i want i pay rent and i moved it you know we let we're just laying yesterday personally spot them in the same plastic it's even clearer in parishes when a person has his own interest and he's only looking at that he doesn't see anything else and even at the tourist the tourist will not see the embassy you know page 243 has he said how you in a landlord-tenant relationship he said there's so much machis and so much cass and sinner because a person really believes he's right because he sees his own needs the the solution to all the mach like is and all the cast and all the sin is stop and say okay i think i'm right because when i see it my rights are being violated stop for a moment or two and put yourself in the other person's shoes think his perspective now let me explain that on our case the tenant wants to make renovations because to him it's better so he thinks what i'm paying rent i can't live that i i can't have my comfort move for my bamboo baby what kind of object is a landlord okay that sounds good sounds pretty convincing but then again the landlord knows that this tenant is only coming and going he doesn't want someone to ruin the apartment so to try to understand the landlord's perspective the landlord sees his loss that he's making renovations in my house he's destroying my house and he's all upset and he sounds pretty convincing but think about the tennis perspective he pays rent he moved he made renovations now he wants to make some type of living to accommodate his new child can't you understand it you're worrying about you're renting to the next tenant and what about this tenant doesn't he have right to do what he wants if you see things with your own the keys then we are a victim of assay but we try to understand the other perspective then it's much easier to work together now it's unavoidable these six are unavoidable but the only eights is a person that wants to be accommodating you know the flim issues are din dino you know is a tremendous tremendous schooler so the person that wants to have a healthy attitude and it's worth all the money in the world to live with a tenant or a landlord bicholin bhimavata but you have to understand you know someone came to refs diamond and he had a horrible show on values maybe there was no selling values such diamonds i've been saying this all along the only solution to shalom by is you have to be mavata so the fellow goes i know it i've been telling my wife that for 30 years she doesn't listen to me you know if you if you come to the chair and hear hillary's tenant and you're a tenant and you use that all to get angry at the landlord you miss the point if the landlord sees that we learned about the landlord's rights and throws it at the tenant so you made it only worse he's supposed to hear the other side understand the other party the other party has it right both parties are right the landlord is a bylaw tenants are bilim and you have to work together with a double dosage of mavatar and the suzadin and then it works out but to apply this more specifically let's begin with the first group of giants what rights does the tenant have that things should be done before he moves in la marshall he wants a paint job he wants to be painted it still has been painted but since the last tenant moved out he wants a new carpet he wants a phone line like we said so ben is the michelin bubble matsia kofaltma bay seems to give the basic guideline the mask delas the naga the minnow basically any any work that needs a craftsman a expert is the responsibility of the landlord the gemara adds a few cases and the rambam adds the key words to the guest he also has to make sure the roof is in place basic necessities it has to be has to conform with basing living conditions is the responsibility of the landlord he has to provide a safe and decent accommodation it could god will be shiva that is the undeniable right of a tenant in fact this says let's say the lieutenant looked at the apartment and there wasn't the door the door wasn't working and he looked at it and he went right he didn't say anything and he came to the first we moved in the door is the same condition and he's surprised he said well i want to fix the door because i i noticed you you saw it and you didn't say anything stuff of a kibble so the shogunate says no son of a kibble but he thought that you're an honest person and you'll follow such an arc and you'll prepare it there are more ads even if he saw it and the smile explains because he knows you can't move into a house that's not ready so these what the rambam refers to refers to as god those are undeniable rights of the tenant and he has to then the lane has to do it no matter what now if the tenant signed the lease that says you take the apartment as it is so i don't advise you to sign such a lease but if he does then that's that's taka he has no time i have to repair this and that mastermind so basically if there's no such a lease as is it's the tenant the landlord has responsibilities what's it gonna be now what exactly does that mean so the gemara continues that there are certain things that are not a mice woman and that's responsibility of the tenant for example i quote to make a sulem la says macca the roofing and the putting in the mic is the possibility of the tenant that's out of my summon now this is shocking a marco you need a a good iron worker to put in a decent mock-up roofing even roofer summits have a difficulty fixing a roof the ants is very simple in those days especially i mean they lived in the middle eastern countries bobby you shall me where basically they didn't need the strongest roof obviously a roofing job was a mice hatchet i can't explain this but i i just imagine first it wasn't as stormy wet like we have here in america additionally this is probably a factor also people had nothing what to eat but they certainly didn't have the option of calling a a worker so what'd you do you became a worker you became a professional you know you're gonna but whatever the case is in those days fixing the roof was some isohedrate today it's absolutely not amazing so does that mean tyra changes khas fascial that means that we're going to follow what the hamas says the end of shin you dalid so basically things can change terror doesn't change but allah adapts to the mathias so to apply this more specifically i want to be marketed as a wonderful safer safe as heroes bottom it's about landlords and tenants that he did a lot of research and whatever a lot of things i said i got from that safer but basically mini kamakuram does not mean the world or a country it could even be various states new york and new jersey vary from in certain regulations but it's hard to give a cloud goggle or maybe a bank of kometsky once told me the best cloud is to visit the stock and cloud that's the only cloud that works there's no cloud but on a regular i i guess we could say the following there are certain things that the minute is pretty distinct the muscle does that landlord have to put in window shades to cover the windows so in some european countries that's understood but in america and eric searle that's not the minigame medina that's the lieutenant's responsibility a phone line again i know so my you there was no phone line in the apartment and he said well i better use the cell phone so you'll you'll manage with a cell phone so i saw safa written there at israel and i still have many differences you know in there to stroll you don't have to provide a phone line it seems that cell cell phone use is so rampant that it's not part of an apartment to have a cell phone well it's a a a phone line but but but in america that's the derrick to have a phone line so if he didn't put it in he has to provide it before the tenant moves in now you might say in a bungalow today with the the service and the mountains is very very um infrequent that's putting it mildly so many people don't even have phones in bungalows maybe you could say there may be it's different but this at least america it's hard to believe that a phone is not icha god of yeshiva and that would be responsibility of the landlord to provide a phone line land the tenant wants a new paint job before he moves in and the landlord says you could do it yourself so the embassy is a paint job is basically a mice woman if you want to paint just the walls and not everything else and not yourself so you have to get a human so i think you could say you know people think they could paint but to do a paint job properly it's probably a mice woman but the question is is it an ichigo shivas so this safer quotes that the regulations are that there's no shield on a landlord to paint before he rents an apartment now the truth is that sometimes it's cracked paint or peeling plaster that's a hazardous condition that's taca against the regulations but if if the paint job is passable and it's basically a cosmetic value but it's not something that's that part of basic living you can't require the landlord to pay now typically the landlord paints before he shows the apartment because no one's going to rent an apartment that looks atrocious but unless there's an existing mimic the paint because of uh you know it's hard to give a cloud but if it's hazardous conditions that would be different and over my sister someone rented a downstairs apartment like we have an hour in our neighborhoods and there was an up there was a it was a porch adjacent to his apartment and someone walked by says you know that that gate is not the share of a maca and it was right you know it's interesting because the first floor is not so high above the ground but it's still higher than 10 fahrenheit which is high with the rice in a marker and the gate was all of 30 inches now maca has to be 10 35 a 40 maybe a little less than 35 in the biggest cooler but 30 inches which standard you know non-jewish people it's fine for them but even though it was the first floor and it's not so high but it wasn't the minimum amount for a marker so the mice uh who has to pay for that you have to call it i work you have to add to the gate whatever you have to you know repair it so basically the we saw from the commander that the market is the responsibility of the of the tenant and because probably in those days it was a a mice to hedge it but today it's definitely a mice um and again that's safer he proves that basically today the the micah is a misuma and certainly you can't stay there without a micah that's proper in fact window guards are also something that are should be understood as an ikegonishiva and i want to mention i think it's a cutters to mention you know when we have young children so we put up window guards because they're terrible stories and too many of them of tragedies that children fell out the window but the children get married then you know why have window gods but then again they have grandchildren so you know the next stage of the same sakura and people are not used to it you know they live many years with grown children that's not so important but sure the homes have to be you know grandchild safe not just child safe they did chevra akasi and failed alluding to a window because typically the the wall until the window was higher than tenth so you might say so i don't need a window guard because it's like that the wall that goes up till the window that's the mica you're right but since there is the children climb on windows so this is a situation that you have to have a marker even above tenth falcon and the truth is again you have to have a riot to this we hear too many stories it is something that has to be saved so the regulations are that windows that have that have this children especially living there but have to have window guards and that's the responsibility of the landlord even though you might say it's a mice headget all you need is a screwdriver or a drill but basically this is the tenant should insist this should be done before he moves in this is one of the regulations i call committing a medina that their house has to be safe the tenant wants to make renovations and the landlord says it's not your house so here when the landlord wants to renovate and the tenant says i don't want i don't want you to disturb my my my peace then the tanner has a right but here is fakert the landlord the tenant wants to make renovations he wants to divide one room into two or make tombs into one whatever it is he wants to change the strap to the apartment and landlord is saying no you can't do that to my house so this is not in sure obviously because it should be positive you could make minor changes but you can't change the house it's not your house not your apartment the pisces perigdal or member says that you can't do renovations without resisting the baller bus and the landlord is still the baller bus now someone once asked me he had a tenant that wanted to paint the house green now he wasn't very keen about to call the green but then again you know if that's the way he wants to live so when he moves out you have to paint you do you have to paint anyhow so don't you know don't make a tumble but if he wants to change the the whole layout of the house he's damaging the house that you have to have a system from the bala bus the carpet is in not it's not mint condition let's pull it and put it mildly but it's livable so the tender wants them to change the carpet because it's it's not it's not in good condition so basically again the the laws are that unless it is a dangerous situation sometimes the carpet is is coming up and it's it's people can trip on it but you can't require the landlord to put in a new carpeting unless it's against it presents a potential hazard a installing a question that we had an interesting question the tenant says you know what i know i'm gonna do i'm gonna put a new carpeting and when i move out i'm gonna ask him to pay for part of it or he wants to put in the more expensive shades and it's custom-made he can't take it with him so he says i'm gonna put it in and when i move out i'm gonna ask him to chip in does he have a right to when he moves out to ask the baller boss to pay part of it now why do i say he moves out because it's not advisable to ask for money now that's not going to start off the relationship on the right foot but he moves out i'll say by the way you know now you could rent this apartment for a lot more because it has a beautiful shades and a beautiful carpet so the question is he did it for his own purposes he did it for the his own benefit but he's leaving the bala bus with an improved apartment so this is agan sasuke we once gave a hosting belt says he has to pay to hanoi has from this improvement even though he didn't ask to do it the police can use the term gesell if he benefits without paying his benefit of course he doesn't have to pay the full amount he has to pay what he admits is his benefit now let's say he could he now realize that because it has a beautiful carpet and and or nice um shades he could ask 50 000 more per month rent so that's an obvious hana so you have this shots up of course honestly how much the hanoi is but definitely when you decide what the hana really is then when he moves out he can ask the bala bus i'm not living there i'm not enjoying it but that's not convincing your apartment was went up in value you had enough of my work you have to pay you are part of the hanoi so basically if it's something that the balabaugh could say take your improvements and go you know he put a nice fixture so i managed to take the fixture and go and you could take the fixture down and economy the tenant has to take it down if he wants to leave it so then he can't charge the ball the bus but things that you can't take carpeting or custom-made because venetian blinds etc and if he admits that he does have ano then he would have to pay his hannah from these improvements now some leases stipulate that the tenant must leave the apartment the way he lived in it which means he has to leave the improvements and part of the clause is and it's not entitled to reimbursement which means you're not getting a penny so if you sign that type of lease beware because that's the person's condition and he agreed to it the big question i would say a fascinating question is the second category when there's a problem there's a leak from from the from the piping and the muzzle of the tenant it's in his apartment now if there's a problem the stuff sink or the basakisi stuff because there's negligence of one of the children so then that's is the responsibility of the of the of the tent well soon see even if it's a cotton where there's no cotton but you can't require the bala bus to pay for your negligence i'm talking about that all agree that there's no negligence from the landlord's part just the electric is not working or there's some type of leaking so again both argue very convincingly the landlord says it's your apartment it's your problem and it's your responsibility and the tenant says what do you mean it's your house and it's your piping it's your responsibility so if he wants to be nasty the landlord can say really when i needed a faith from you he said don't bother me it's my house and i pay rent and it's mine now all sudden becomes mine no the tenor could also be nasty and say oh really when i asked you something for favor you said hey don't bother me it's yours keep it now so everybody likes to use you know what's convenient from them but the question is in halakhah who has to pay for repairs that are not the fault of anybody it's not the landlord or the tenants you know piping that breaks is just a question of age or whatever it may be so the crux of the issue really is our original kakiri think about it because if someone buys an appliance and it doesn't work and it's not a mecha choice and it's not it's not within the warranty you can't go back to them and say hey i want a new one i'll fix it so if we understand that the tenant has some kenyan in the apartment so mazda guard what do you want for the bala bus but if we say that it's fully balabas's property then it's the the responsibility of the balabos so reza pella listen to a mahabharata there are more insignia dollar aleph where he says that the mosque here the landlord has to pay certain has to make certain improvements before the tenant moves in but dr ramo based on the see him but once he moves in an apartment was furnished properly he has no responsibilities to make any repairs that's the cheetah of the ramon based on mukhi yosef zak this monsieur cotton zion because the balboas could tell the tenant it's your mazel deal with it basically this ramon is saying that the responsibility of all repairs fall on the tenant it would be like he bought an appliance that doesn't work you don't go back to the to the appliance center say i want a new one i didn't do anything what do you want from me however there are more does say i in la el senor bay seafood zion and you look it up that's the mechabishita based on a chuvas harash la medheva where the mahabha basically says that any repairs is responsibility of the landlord but listen to the russia's golden year side because even though he rented the tenant by his and now there's a problem with it but if he could still repair it he could still provide that pledge or buy you set zump to rush if the house burned down so you don't have to give a new house because that's by your does not include this this burned down house but if he said buy yourself and there's a problem with the plumbing so fix the plumbing and you're back to buy your set so you're within your responsibility as a landlord is to give them a house that is functional now it's dysfunctional because of this leaking and it could be restored back to buy is there that's the responsibility of the landlord so our question who's responsible for for basic repairs there are more holes the landlord has that the tenant has to take care of it and the machado says the balabos is responsible he proves that the minute around the world was that it's the it's the land responsibility he quotes the hickory lave who is the raven ishmael later in the cartels that was the raventanapol which is in galicia of course and the david malkiel the lom zhirov and poland they all assume in their church all assumed the ministry that the landlord has to make all necessary uh repairs so he says you see you shalian galicia poland litter russia dominic always was that it's responsibility of the landlord but he says more than that he says a little historical background dominic always was at the minute ago that the always was that that the tenant is on his own after game the apartment he has no claims to the baller bus but maybe they felt maybe the government felt that it's more logical that way because if you know he could always come you fix this and that see the tenant won't be careful i don't know why but he says that it seems that historically it was basically i gave you an apartment and now it's yours for the enjoyment and the headaches it's yours but sometime after world war ii he states in 1972 both in american heritage row because we came after the great depression when there was deplorable or maybe intolerable living conditions that the slums and and the tenements if you hear about it you know that the slumlords became big you know big ticons they made millions of dollars and that the tenant had nothing and it got worse during world war ii so there was a law passed that you have to give an apartment that's that continues to be livable you have to maintain a livable quarters so he says there it is 19 in london bay 1972 in america that time also that the law changed dramatically and now it's responsibility of the landlord to make all necessary repairs and he quotes up here's my biases is so in other words we could add besides the fact that the mini hamadin is like like we said from all these israel around the world was it's the land of responsibility so too is the khaika medina so certainly i have a good case to say that now it's positive that it's the land responsibility by the way i'm a landlord myself so i have nagiyas but as they state the nowhere they could tell you but you have to understand that the tenant can't call the landlord the change the light bulb why not because that's not a mice um even though it's a nikola the in a dear sawdum but basically that's not a mice woman do it yourself it's a structural problem electric or plumbing again if something that the tenant was what was responsible for it was negligent then you can't call the the bella bus but in any problem even if it's not the landlord or the tenant's fault we say the halocha the mini medina is that it's we don't say maslo igorim even though that was the cheetah of the rama but now it's basically a whole different approach it's not that i gave you the permission to live there and zaika zound i accept the responsibility to continuously provide you with safe and decent living conditions a very different approach therefore myself to give you a few examples if there's a mice infestation or roaches whatever it is so obviously if the tenant was living sloppily and he caused that so you'd offset an obstacle but let's say it was because it's construction and which often brings infestation and if there's a building in the near in the vicinity sometimes that brings mice and other problems if you know it's not the fault of the tenant then indeed extermination is an exterminator is a mice woman and that's the responsibility of the landlord that's both a pitaya and medina now if a tenant decides he needs a new fresh coating of paint it's hard to give a cloud you know rush time only 50 years without painting his apartment okay not when i rush diamonds but you can't say after two three years i want a new paint job so again going back to the haika medina you have to keep it in sanitary livable conditions so you have to know how how bad of the paint job it is if it's just basically cosmetically improvement that's not the land responsibility if it's a health hazard this the paint or plaster that's peeling that of course would be the obligation of the landlord a broken window so we know broken windows don't just happen by themselves you know they break why they break if it's some type of fault of the tenant so you can't come to the landlord if a strong wind broke the window so probably something wrong with the window so certainly the battle buses fault but what i thought was amazing the different malkiel that i mentioned earlier in the arkhashohan and sharon all discussed a tragic shiloh never happened throughout our callers that go and went on a rampage and just broke windows you know a small type of a crystal knocked and then after things quieted down the question was to fix the windows it's not the ball of buses wall it's not the elder's fault it's the grand slaughter so this is mahmoud shailah you could say maslo goren or you could say no since the medina and recognizes that that dybala bus has to give livable conditions and a house without window is not an acceptable situation so in those cases attacker there would be a hiv on the bala bus to prepare the windows even though it wasn't his fault at all basic maintenance is something i didn't find with great clarity i must like the following shield let's say landlord rents a one family house to someone he lives elsewhere he's vacationing in florida does he have to come back twice a week to move the garbage from the uh from the house to the curb or shovel the snow so the truth is shoveling the snow and and taking the garbage out of my suman but it's definitely part of ikeshiva sawadam so again i saw on that safe and i mentioned basquiat sabato he says basically if you leave the house to one person then we have to make a difference between repairs and normal living you know normal living is you take out the garbage and you have to and you shovel the snow when there's a need you can't call the bala buster come running and to do it now if he lives upstairs or downstairs he lives there so he has to do it but if he's not there it's unfair to make him come you know and do it he does add maybe it's his own slaughter but it's illogical if you have you rent a multiple dwelling you have three family or more so who who's responsible if you have one person let's do it so then it's the land responsibility either to do it or hire someone pay someone but again this is something that you have to use it'll say hello so that the person has to be understanding you know there's about a bus and there's a tenant and you have to work together got an another safer that i saw it was it was not much upsetting to me but he quotes he heard that for many um hardware store owners when they're someone comes they want to buy salt to spread on the ice the typical question is what are you a landlord or a tenant so tell us what's the difference because well if you're a tenant and you want the ice to melt quickly i'll give you this salt it works great but it destroys the floor if you're a landlord i'll give you another type of ice that works very slowly but it doesn't destroy the ground now it's upsetting to me how could any tenant do that i don't know how the storekeeper either but you know he has certain responsibilities not to be magic the baller bus is home you know we have even timid stream we have a certain amount of the car saturday if you carry east of the art site so using ice that sometimes ruins the battle buses ground is wrong even if there's no about it that could go into a gathering of other mahmoud question the baller bus allows the the tenant to have a sucker in the backyard that was part of the lease but now there's an overgrown tree who has to pay for the cutting down of the tree so do i understand it this is a mice um obviously if it's pretty high sometimes you could do it by yourself but if it's pretty high up you need an uman so isn't that a mice woman that's ikagon shiva about them you have to have a sukkah and that's what i thought makes more sense it's not like maintenance of taking out the garbage and then and shoveling this something you need a mice over the question is if you have a suffix who pays who has to pay la master you're not sure if it's a naked god of the shiva so adam you're not sure how much so this i saw in that safer in the security button page 112 a very nice discussion and it's too much for now but what it basically says is that you want the bala bus to pay prove me that you have to have to pay my table or maybe fakert the balabas has a fresco he wants to part himself from the kiev that's his his proof if he can't prove it he has to be passed he have to take responsibility so that's he discusses the i in chamber the big question i wanted to clarify is what's called normal wear and tear now the truth is that depending on the family but if you rent it to a large family there's understandably more wear and tear sometimes a very heavy emphasis on tear but it's normal living so basically you have to realize and again i'm a landlord but i understand this as well that this is normal living this is what they pay rent for and if you want to be understand they could even say it might be included in mesa machmas malacha that if there's no negligence there's no wild you know extra wild you know rampage that peop that children go on but normal wear and tear is normal living in fact about yash will soon see the exact two of them but if a per the tenant signed the contract to return the apartment the way he found it he has to pay for even accidents but he doesn't have to pay for normal wear and tear because that's what he's paying went for so normal wear and tear you have to differentiate between that and abuse and carelessness and also someone has a burn in a countertop or a carpet that's that's burned through a hole in a linoleum all these type of things no one is accusing the tenant of being malicious intent but then again that's not normal wear and tear a burn in the countertop comes from some type of negligence but the mice we have to use again the mitsolith sawyer attitude and mavatam of atamavata and but basically it's hard to give a a clear-cut definition but normal wear and tear and again if you have a bigger family so there has to be a bigger room for wear and tear processor understand that now a child that did damage this is a common question a child did some extensive damage but he's a baby a young child so we all know the mystery above a camera if they damage they're not responsible to pay actually the parents are also not responsible to pay there's a question in the shin memphis gimbal versus if the child gets older does he have to make the does he have to pay alts amir but when the child is young too young to know what he's doing then there's no medicine so definitely the child's not responsible the question is is the father because he didn't watch his child carefully is the father responsible so first of all if the child doesn't have to be watched 24 7 let's assume that there was certain negligence on the father's part so this is our decay we we find that the character is from there is no of smear on character now of course as i saw the prisca creation and this is the mitzvah firesim and says of course of course of course the the tenant has to watch the apartment he's ashamed a rent like i said but if there is any damage you can't require that the the tenant to pay out smear because that's a where house burned down because of a young child made the fire and he basically said that you can't be if not the father or the child because smear on the character is non-existent again it sounds shocking to many but that's what i'll tell you says but he does add if you sign the contract to return the house the way you found it so that agreement overrides any halachus or basically that agreement is a locker and the father has to pay also what's obvious if there are some movable items the couch an oven a refrigerator anything that's metallic smear responsible for not watching the child and allowing that that that that has it to take place rabbi yanshiv writes if there's such an agreement you have to return department as is then even on what a child does is atheism that it's automatically the responsibility of a tenant to get back department where he found it without a special uh lease that you sign i don't know if that's applicable to in america but definitely the tenant has to realize watch the apartment you know be careful because if the child does damage to metalfolin or if there's an uh agreement to return department the way he found it then there's even on a young child's hezekiah in other words wear and tear but yahshua says there's no here to pay even if you promise to give back department to where you found it because it's not possible but a child's headache even though the father's not responsible to pay for it per se but if you can't return it as is he's higher to pay for that agreement now basically a bungalow has the same a lock as like an apartment the only thing is i should mention there are much much more metallic there that get broken and the top then the arch mirror a multi-dwelling apartment apartment building him is something that again is usually the bala bus is not there and the tenants have to work together to keep an ammonius uh relationship you know you have to work on bakke shalom and that gets difficult without failure but it's not going to work everybody's worrying about their own rights there has to be a common goal to make things work so basically it's something that really you know a little bit of sacral dictates that you have to be understanding to study animals protein the last group of questions when the tenant moves out so basically if the agreement is to give back department as was then there's no doubt about it that is halal unless it's except for wear and tear of a yashev and that's safer page 227 says that if the if wear and tear is understood that it's part of living you can't be required to pay even if he signed returning it as it is if la maison the he does make any other damages that he's paid he has to pay what i want to mention also there's sometimes friction of what was included in the agreement can i keep struggles in the in the in the hall can i use the backyard the the driveway these type of questions you have to realize you must make up beforehand rapam always quoted in the end of that begs us before you have any agreement with a worker he's talked about a worker or with a landlord tenant any agreement make up what you expect because like i've always said i said this many times things that are left to chance don't stand a chance what what's in your agreement why leave it till we get there we'll fight it out then or better yet we're all hamish and we're good friends i'm not worried i'm worried from experience i'm worried because we want to keep it friends so basically you have to make up what including in the in the in the lease can you use the backyard i can pull the suck in the driveway i can't drive my car what's going to be all these type of things make up and that will avoid much machoichis and perhaps if i could say the the perhaps to seek of today for a reason his family once found bakayo a bank account that had size amount of money and they didn't know about it so they asked him what is this money and he tried to deflect the question but they assisted what whose money is this he said i'll tell you the truth this is my shalom account it goes oh what's that i'll tell you the truth he said if i ever have a run-in with a worker or a cleaners or a grocery whatever it is so if i'm right if i'm if if i'm wrong i'm sorry if i'm wrong so i'll tell you because i'm wrong up here i'm not going to take enemies but let's say i'm right and he has to do it again he has to pay me and he's a consistent no i i that he's right i don't pay me because that that's what the diane said but he's going to be upset i don't want to have am i crying he's making another get upset and to be my friend even though i'm right but it's hard to take out my money and and spend it to give it to him if i'm right so i was magnificent money that i only could use for maintaining shoveling this money can only be used if i ever run in with the with a worker and i'm right and he's wrong but i want to keep solo so once the money is not mine anyhow i'll be more annoyed to spend that on keeping sheldon now you know why he's called the kaim of muncie but every person needs a shalom account but especially in a landlord-tenant relationship there has to be a amount of solemn account and back is cylinder at failure and that will certainly bring a selling venezuela i'm gonna die and i'm talking about shame i'd like to thank our smith for the wonderful sheer muhammad whoever wants to sponsorship ignore 718-851-8651 foreign [Applause] foreign baby