Question:
We moved into an apartment with a contract that read that if Tama 38 begins construction, we get a discount starting then. Tama began in January. When our landlord came to collect the rent in February, I told her that our water is shut off because of Tama and asked for a discount. She said, Tama didnt begin because the contractor said it didn’t. I told her about the rumbling noise and vibrating of our apartment that we can’t even be in our house. She still said Tama didn’t begin because the contractor said it didn’t begin. I called the contractor to tell her it began and he said he would. he didnt. Tama 38 needs to enter our house for measurements tomorrow and I don’t want them coming in my house unless they tell my landlord when they began so we can get a discount. I called up the contractor who said, fine he will call and tell her. he called me back putting me on a conference call with my landlord saying we have to them in. Do we have to?
Answer:
HI,
Before answering you, it must be stated that it is hard to answer a question on monetary matters, especially when there is a fight, without hearing both sides of the story. Therefore my advice to you is to go to a din torah with the landlord. Sometimes the question is, what is called “startng”. This should be decided by the Rov. If the area you live in is Ramat Eshkol, there are a number of poskim in your area qualified to answer such questions. You can make an appointment to have one of them as an arbitraror, and speak to him. If you need suggestions, let me know.
Regarding not letting the contractor into the house, you can refuse his entry until he fulfills your request, and tells your landlord when he actually started. This however is not the real way to solve the issue, but by making up with your landlord to go to a Rov together.
Best wishes
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