Shalom Alechem,
I have a problem with the owner of my house. We are renting a new house, and at the begining of the contract, he told me that because it’s a new house, could be some problems. I accept it with the condition that he will fix them properly. From the first week, we have problems with the water system, we start with problems of humidity at home, the doors were not finished, water entered in my room from the roof through a window which is there. The owner started fixing some things but afterwards he traveled for three weeks. During this period the problems of humidity and mold in the roof and walls got worst because of the hard rains. The only solution is to wait for the good weather and clean the mold with hard products. My wife is pregnant and our baby is coming in a few weeks Be’ezrat Hahshem and I don’t think that it is healthy and fair for us to be in a house like this, although he told us he will fix the problems. I want to go out from the house ASAP but he doesn’t allow that. Can you tell me if I am right about my opinion? Thank you very much and May Hashem bless you.
Answer:
If you made it clear that you are renting the house with the intention of him fixing the problems, and there is a clear humidity problem etc., you will have the right to void the contract (and leave for a new house), and will not have to pay the full amount for the duration of your stay in the house.
However, Beis Din will have to decide how much you are obligated to pay for the time of your stay.
Therefore, by way of advice — and not by way of arbitration between the sides, which requires the appearance of both sides before the Beis Din — it appears that you are in the right.
As noted, this ruling cannot be binding on sides, and is given by way of advice alone.
