Monetary, Interpersonal Laws and Din Torah (13)
Q: Reuven leases a house from Shimon for 3 year term. Shimon sells the house after one year to Levi who now wants to raise the rent, claiming that he never made any deal with the tenant. Reuven claims that he has a 3-year lease to pay a lower amount and he is entitled to stick to it. How does Beis Din rule?
A: Beis Din would accept the claim of the tenant. The Shulchan Aruch (1) says based on the Gemara’s rule that one can only sell what he owns, that a buyer has to let a tenant stay there till the lease is up, with all the same terms that the tenant had with the original landlord. The RM’A (2) adds that even if the price went up or down, the original price still remains till the end of the lease.
Q: I go away often to my children and the house I rent is in a prime location where visitors ask me to rent it for long weekends and Yamim Tovim. May I sublease my rental without getting permission from the landlord? Can I rent for a number of weeks in the summer, like an AirBNB? And if yes, can I charge higher rental prices and make profit on a house that is not mine?
A: A renter may sublease a house, unlike movables where the second renter might run away with the items (3). If the second renter is a destructive person, argumentative, or isn’t clean, he cannot sublet without permission of the owner (4). Similarly if the second renter is a known enemy of the owner he cannot sublet to him. If the second family will cause extra wear and tear on the apartment, he may not sublet to them without the landlord’s permission. Many standard lease contracts have a clause that prohibits subleasing without permission. Some contemporary Dayanim (5) hold that this has become such a standard practice that even if not stated, it is assumed to be so. However, this assumption is for permanent [till end of lease] or long term rentals; for a short period, like a few weeks in the summer or a Yom Tov or Shabbos, and the first tenant is responsible for the apartment’s condition and rental payments, one may sublet, unless there is a clause that prohibits this specifically. In the above cases where it is permitted, the first tenant can even make a profit if he finds someone who will pay a higher price than he is renting for, as per the RMA’s ruling (6).
(1) חו"מ שיב:א (2) רמ"א שם:ט (3) שו"ע חו"מ שטז:א (4) ערוך השולחן שם:ב (5) קובץ ישר וטוב יד, עמ' צ"ה (6) רמ"א חו"מ שסג:י