L’chvod Harav Shlita,
I am planning in the near future to rent out my basement apartment. Can you please advise me with the halachic issues that need to be addressed with my future tenant? Also, would you have a contract which complies with dinei torah and the local NY govt?
Yasher Koach,
Asher Steinharter
Answer:
Renting a basement apartment should not be particularly complicated, and if you find the right tenant, everything should go smoothly.
Some possible issues:
1) The most imporant thing is that everything should be clear. Write that the apartment must be returned in the same state as it was given. Write that payment includes X, Y, and Z, but not A, B, and C. And so on.
2) Who is responsible for what? Which repairs, etc., is the tenant responsible for? You can write that this will be decided according to Torah law, but it is better to specify.
3) In cases of missed payments, you may wish to introduce a fine clause. If so, this should be done by means of referring to a heiter iska, though this halachah depends on the type of fine you write (a continuous, time related fine, is more problematic, and certainly requires a heiter iska).
We don’t have an English and NY applicable form — sorry. Here is the link for the Hebrew form, from which you’ll be able to gather all further issues that require treatment. Best wishes.
