By From writings of Harav Chaim Kohn shlita | |||
#320 |
Matos - Masei |
1.08.2016 |
N/A |
Q: Is it necessary to give notice before terminating a rental?
A: If the rental agreement does not specify a termination date, Chazal required the landlord and tenant to give notice before terminating the rental, so that the tenant should not find himself homeless and the landlord should not miss rent (unless the tenant provides an alternate tenant).
However, if the contract specifies an end date, Chazal did not require further notice of the conclusion of the rental. Each party is expected to make arrangements beforehand (C.M. 312:5–8).
Chazal stipulated notice terms of 30 days, half a year, one year or three years, depending on the nature of the property and the season. Contemporary poskim indicate that the required time varies with era, location and common practice. (Maharashdam, C.M. #286). The obligations of tenant and landlord may differ, depending on the supply-and-demand forces of rental. Most rental agreements nowadays require notice of a month or two; many also include automatic renewal clauses when notice is not given.