Q: I am in the process of building a house. Can I make a binding rental agreement now for when the house is completed?

A: Although a person cannot sell something that does not yet exist (davar shelo ba la’olam), some maintain that one can rent something that does not yet exist. It is also possible to word the contract as a personal obligation on the landlord (hischayvus) to rent the house when it is built, which is certainly binding, rather than a rental contract for the house itself (C.M. 315:2, 60:6; Nesivos 315:1; Aruch Hashulchan 315:3-5).

Similarly, there is a dispute whether one can rent in a binding manner, through a lease or cash payment, a property that is currently rented out to another. Most authorities maintain that one can, since the landlord still owns the property and it will return to his full possession at the conclusion of the current rental. This is the common practice (Shach 312:3; Pischei Teshuvah  315:2; Avnei Nezer, C.M. #11; Chochmas Shlomo 312:1).