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מי שפרע for rental agreement.

Question:

Shalom uvracha,

We are currently renting an apartment while simultaneously building an apartment. Our contract in the rental was for 1 year with the hope that we would be able to move into our new home by the end of the rental contract. The building process took longer than expected and our landlord asked if we would like to extend. We explained to him our perdiciment and he understood but informed us that we needed to make a decision to extend our contract for another full year or move out. If we signed another year we would be paying rent and also the mortgage of our new construction. He did offer us that if our apartment was done and we wanted to move into it he would allow us to bring people to sublet the apartment. After the pressure he placed on us to decide we verbally agreed to extend the rent. A week after the verbal agreement he sent us an updated contract. During this time we received news from the builder that we would likely be able to move into our new apartment. We informed the landlord of this news and said we feel it would be best not to extend. He was understandably very upset and said we were transgressing the דין of מי שפרע and מחוסרי אמנה. This is a distressing accusation. I would like to ask the following:
1. Was it incorrect for us to cancel the verbal agreement? ( was this מי שפיר או מחוסרי אמנה)
2. If it is, is there a way to correct it?

Thank you.

 

Answer:

Shalom uvracha,

We are currently renting an apartment while simultaneously building an apartment. Our contract in the rental was for 1 year with the hope that we would be able to move into our new home by the end of the rental contract. The building process took longer than expected and our landlord asked if we would like to extend. We explained to him our predicament and he understood but informed us that we needed to make a decision to extend our contract for another full year or move out. If we signed another year we would be paying rent and also the mortgage of our new construction. He did offer us that if our apartment was done and we wanted to move into it he would allow us to bring people to sublet the apartment. After the pressure he placed on us to decide we verbally agreed to extend the rent. A week after the verbal agreement he sent us an updated contract. During this time we received news from the builder that we would likely be able to move into our new apartment. We informed the landlord of this news and said we feel it would be best not to extend. He was understandably very upset and said we were transgressing the דין of מי שפרע and מחוסרי אמנה. This is a distressing accusation. I would like to ask the following:
1. Was it incorrect for us to cancel the verbal agreement? (was this מי שפיר או מחוסרי אמנה)
2. If it is, is there a way to correct it?

Thank you.

 

Answer:

Hi,

From what you are writing it seems that this isn’t a מי שפרע, because that applies only when money was given and a kinyan wasn’t yet made. Even regarding מחוסר אמנה, it seems that it will not apply here. You told you landlord that, when your apartment is ready you will have no need to rent the apartment. You gave him your word that you would rent it, but the circumstances changed, because it suddenly became available, and now you have no need to rent an apartment at all. Therefore, מחוסר אמנה will also not apply.

On the other hand, you do have to give the landlord thirty days advance notice so he can find another tenant, and you would be liable to pay him for those days, if he doesn’t find another tenant.

Aside from this, if you can find him another tenant, this would be best, halachically, (just in case it is considered a kinyan by you being in the apartment) and bein adom lechaveiro. It would also solve the issue, without having any hard feelings between the two of you.

Best wishes

Sources:

Aruch Hashulchan 333-1, Mishpatei Yosher pg. 384.

 

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