Question:
Hi. I have a question about a case which is happening now and whether I stand a chance in beis din.
We live in an apartment building of avreichim, I am in kollel myself. The building has 1, 2, and 3 bedroom apartments, and the way it works is that people are on a waiting list for larger apartments subject to availability. We are now in a 1 bedroom.
The management (run by frum ppl) asked my family to move to another 1-bedroom apartment in the building a few months ago, in order to facilitate construction. Even though we had a contract, we agreed to move after negotiating that we would be placed on top of the waiting list for the next 2-bedroom apartment becoming available. This was confirmed to us in writing. Now, a 2 bedroom apartment has become available. The management, however, told me that it is not sure whether we will get it, because they promised someone else in the building that they will get the next 2 bedroom apartment that becomes available. We feel bad and cheated, the manager explicitly told us we will get the next 2 bedroom apartment and even confirmed it to us in writing, and now all of a sudden he “forgot” to mention that someone else was promised a 2 bedroom apt before us… what are our options? Can I be toyveah the management in beis din? I think, since it is a waiting list and we got placed on top of the list after the other person was promised the next 2 bedroom, we might just be 100% entitled to it because being that it is a list, the person who got placed on top the last, is the one qualified for the next 2 bedroom. Please let me know how this would be enforcible in Beis Din.
Answer:
Hello,
While it is not possible to give a definite answer without hearing the other side of the story, from what you are writing it is possible that you do have a point. The building asked you to inconvenience yourself and move apartments, and as a compensation to this you asked them to sell you the rights to the next available apartment. Therefore, it is possible that you bought that right.
If the Bais Din will do something about it, is another story. Additionally, from a practical angle it might not be worth your while or practically smart to make a fight over this. However there is a chance that you do have a claim.
Hatzlocha
