Advance Notice Before Leaving a Rental Apartment
Question
The landlord said that he would advertise the apartment for rent, but in practice he did not advertise it, even though I reminded him. Only one day before I left did he advertise the apartment, and to date no new tenants have been found.
Am I obligated to pay rent until the end of the two-month notice period, as stipulated in the contract, or since the landlord did not advertise the apartment on time and did not try to find tenants, and did not tell me that I should advertise the apartment myself but rather showed willingness to advertise it himself, is the loss his responsibility?
Answer
Shalom u’vrachah
The response of the dayanim of the Beit Hora’ah:
Advance notice when leaving an apartment. If the contract states a fixed move-out date, one must examine the meaning of the advance-notice clause. If its purpose is only to preserve for the tenant the right to continue for an additional contract term, then the failure to give notice does not in itself obligate him beyond the contract date. Likewise, if it was stipulated that he may leave at any time provided that he gives two months’ advance notice, the obligation depends on the wording of the contract and on what was stipulated regarding failure to give notice on time.
However, if there is no fixed move-out date and the contract is open-ended, and it was stipulated that the tenant must give two months’ advance notice, and that if he did not give notice he is obligated to pay for those two months, then the fact that the landlord did not hurry to advertise the apartment or was negligent in searching for another tenant does not affect the essence of the tenant’s contractual obligation. Therefore, he must pay for the period to which he committed.
