When a person rents an apartment to a colleague in a large building, the renter may use the protrusions and the walls of the larger structure for four cubits. He may also use the garden in the courtyard and the yard behind the building. In a place where it is customary to use the thickness of the walls, the renter may use the thickness of walls. In all these matters, we follow the prevailing local custom and the terminology that is in common usage, as we have stated with regard to purchases and sales.
When a person rents a house to a colleague, he is obligated to provide doors for him, to open any windows that have been damaged, to strengthen the roof, to support a beam that is broken, to make a bolt and a lock, and to provide any other necessity that requires a craftsman's work and that is a fundamental necessity when dwelling in a home and courtyard. The renter is required to make a guardrail, affix a mezuzah and prepare the place for the mezuzah from his own resources. Similarly, if he desires to build a ladder, fix a slanted roof, or plaster the roof, he should do this from his own resources.
When a person rents out a loft to a colleague and its floor becomes opened for four square handbreadths or more, the owner is obligated to fix the ceiling of the lower apartment and the plaster upon it, for the plaster is support for the ceiling.
The dung in the courtyard belongs to the renter. Therefore, he is responsible to make the effort of clearing it out. If, however, there is a prevailing local custom, it takes precedence. When does the above apply? When the animals that made the dung belong to the renter. If, however, the animals belong to other people, the dung belongs to the owner of the courtyard. For a courtyard that belongs to a person acquires property on his behalf without his knowledge, even when it is rented out to another person.
🔧 Maintenance Duties
In a large building, a tenant may use protrusions, walls (up to 4 cubits), courtyard garden, and rear yard — following local custom. The landlord bears major repairs: doors, windows, roof beams, bolts, locks. The tenant bears minor additions: guardrail, mezuzah, ladder, roof plastering. Loft rentals: landlord must repair floors that deteriorate 4+ handbreaths. Dung belongs to the tenant (from his animals).
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Fixed vs. Open-Ended Leases and Required Notice Periods
When a person rents out a house, a courtyard, a store or another property for a fixed time, the owner has the right to compel the renter to leave at the end of the prescribed period. He is not required to wait even one hour for him. When a person rents a house to sleep in without making any specifications, the minimum is one night. If he rents it for the Sabbath, the minimum is two days. If he rents it for a marriage, the minimum is 30 days.
When a person rents a house to a colleague without specifying the termination of the contract, he may not force him to leave the home unless he notifies him 30 days in advance, so that he can look for another place and will not be homeless. After 30 days, however, he must leave. When does the above apply? In the summer. In the winter, by contrast, he may not force him to leave from Sukkot until Pesach. When the owner gives the renter 30 days notice before Sukkot, if even one day from the 30 is after Sukkot, the owner may not compel him to leave until after Pesach. And he must notify him 30 days previously. When does the above apply? In small towns. In large cities, by contrast, whether in the summer or the winter, the owner must notify the renter twelve months in advance. Similarly, with regard to a store, whether in a large city or in a small town, the owner must notify the renter twelve months in advance.
Just as the owner is obligated to notify the renter, the renter is obligated to notify the owner 30 days before leaving in a small town and twelve months before leaving in a large city, in order for the owner to be able to look for a tenant so that his house will not be empty. If he does not notify him, he may not leave unless he pays rent regardless.
📅 Notice Requirements
Fixed-term lease ends precisely on time — no extensions. Open-ended lease: 30 days notice in towns (both summer and winter, but not from Sukkot–Pesach in winter); 12 months in cities. Both landlord and tenant owe notice. Stores require 12 months notice everywhere. These protections prevent sudden homelessness.
Although the owner may not send away the renter, nor may the renter leave the dwelling until one notifies the other a proper time beforehand, if the price of renting homes increases, the owner can raise the rent and tell the renter: "Either rent it at its present value or depart." Similarly, if the price of renting homes decreases, the renter may decrease the rent, telling the owner: "Either rent me your home at its present value, or I am leaving it for you." If the house in which the owner is living falls, he may compel the renter to leave his house, telling him: "It is not appropriate that you dwell in my home until you find a dwelling while I am homeless. You have no greater right to this home than I do."
The following rules apply when the owner gives the house to his son to hold a wedding with his wife. If he knew that his son was getting married at this and this time and he could have notified the tenant earlier, but failed to do so, the owner may not force the tenant to leave. If, however, the marriage came about suddenly and the son is wedding the woman in the immediate future, the owner may compel the renter to leave the home. For it is not appropriate that the renter dwell in the owner's home while the owner's son must rent a home in which to make the wedding.
If the owner sold the dwelling, gave it as a present or died and it was transferred as part of his inheritance, the new owner may not compel the renter to leave unless he notifies him 30 days or twelve months beforehand. For the renter may tell the new owner: "You have no greater privileges than the person from whom you acquired the home."
📈 Price Adjustments
If housing prices rise, the landlord can demand market rent or ask the tenant to leave (after notice). If prices fall, the tenant can demand the lower rate or vacate. If the landlord's own home falls, he may evict the tenant immediately — his need is equal or greater. Inheritance and sale do not increase the new owner's rights over the tenant.
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🎓 Key Principles
Chapter 6
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Structural vs. Personal Improvements The landlord owns and maintains the structure; the tenant personalizes and secures his use of it. This division prevents disputes and ensures the property retains its value for the owner while the tenant has a functional living space.
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Notice Protects Both Parties Long notice periods — especially 12 months in cities and the Sukkot–Pesach winter protection — reflect the difficulty of finding housing. These rules prevent landlords from creating crises and tenants from leaving owners with empty properties.
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Market Fluctuations Affect Both Sides Equally The right to adjust rent based on market changes runs both ways. The tenant is not locked into below-market rates, but neither is the landlord. Neither party can exploit the other by refusing to honor market reality.
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Equal Rights Between Landlord and Tenant The Rambam emphasizes: 'You have no greater right to this house than I do.' When the landlord's own need becomes urgent, his need is not subordinate to the tenant's convenience. Equal humanity underpins the rules.