Halacha regarding tenant and landlord
Hello Rabbi,
I wanted to ask the following question: We rented an apartment with a large balcony and after a while construction began across from our building and throughout the construction period, throughout the day and for a long time, stones and building materials were thrown at our balcony in such a way that it made the balcony impossible to use. Do I rightfully deserve a discount from the landlord for this (i.e. instead of giving me a new balcony, giving me a discount as an alternative)?
I asked a judge and he told me that the claim that preventing use of the balcony entitles one to greater compensation does not exist in halacha, but according to halacha, anything that is called a defect completely voids the contract, and anything that is not called a defect does not void it, and full wages are paid.
I would love to know what the Rabbi says.
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By the way, you rented (not rented).
Hello and thank you. I did mean that I rented the apartment and not “rented”.
And to the point: I did not understand why there is no such claim? After all, “the renter of the donkey and the shine, etc.” (B”M. A.H.) So the conclusion there is that since the donkey is completely destroyed – another donkey should be provided. How is this different from an apartment whose balcony has completely ceased to be used? Apparently, therefore, another balcony should be provided for me (or paid in its place).
Also, in general, the balcony increases the value of the apartment, and if it were not for it, the price of the apartment would decrease, and so as soon as the apartment was damaged in this part – its value was damaged. Therefore, apparently, there is room for compensation.
I would like to know.
This is what he answered you: If this reason is enough to demand another apartment, then you can demand it. But if not - then there is no obligation to compensate for the damage. The harm is the neighbor, not the landlord.
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