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Ownership of an apartment building changed hands, and the landlord for the new owner is demanding unusually high additional monthly payments from preexisting tenants for parking privileges that are guaranteed at no cost under the lease agreement.

This technique has already caused two tenants to vacate the building, and the new tenants that replaced them are being charged markedly higher rent. A preexisting tenant has been advised that the landlord is acting illegally.

The new owner is a Jewish organization, and their landlord is Jewish. One of the preexisting tenants, who is also Jewish, prefers not to have to file a formal complaint with affidavits from other tenants. The tenant prefers to deal with the landlord and the new owner from a religious law perspective.

How should the tenant proceed from the standpoint of Jewish law? Is there any religious law and/or requirement which the landlord and/or owner is contravening in their behaviour?

Brian
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    Well, if they made a written contract, then the contract is enforceable under Jewish law. – Tatpurusha Jul 10 '14 at 22:49
  • My brother has lived in that apartment for over 9 years and was never previously required to pay for parking under the previous owner and since Chabad purchased the property over a year ago. The contract is a lease which uses the word "privilege" which, according to my wife who is a lawyer, is a legal term that is generally used in contracts to designate a contractual right. The Rabbi is trying to "interpret" it as being a discretionary privilege which it isn't. – Brian Jul 10 '14 at 22:56
  • If your brother wants to sue his landlord in religious court, he must consult a rav first since there are many details to these kinds of cases that can change the outcome. – Tatpurusha Jul 10 '14 at 22:58
  • Is there a recent reference I can use? I referred to a "Code of Jewish Law"/"Kitsur Shulhan Aruh" written by Rabbi Solomon Ganzfried published in 1961. That book states that Jews must adhere to written and verbal contracts. – Brian Jul 10 '14 at 23:03
  • Where is there an online english language version of "Mishnah Berurah" available? – Brian Jul 11 '14 at 00:36
  • @Brian Some volumes have a partial preview available on Google Books (e.g. here). However, Mishnah Berurah is a commentary on Orach Chayim. Your question probably pertains more to Choshen Mishpat. – Fred Jul 11 '14 at 00:48
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    Possibly related: http://judaism.stackexchange.com/q/41001 – Fred Jul 11 '14 at 00:50
  • As always, CYLOR......maybe ask the Business Halacha people -- they have a hotline and an email address for business halacha questions – MTL Jul 11 '14 at 03:26
  • Thanks for the replies to everyone, you are all helpful. – Brian Jul 11 '14 at 03:34
  • Also @Brian -- if you do end up asking Business Halacha....come back here and post their answer for us, I'm curious! – MTL Jul 11 '14 at 13:36
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    I have submitted the question to Business Halacha and have received a confirmation that I will receive a response to my question within 3 business days. – Brian Jul 11 '14 at 22:00
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    @Brian: Did the Business Halacha Institute reply to you? – unforgettableidSupportsMonica Sep 02 '14 at 22:34

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