Mistaken Payment of Property Tax
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Question
I had tenants who moved out of the apartment on March 1st and did not transfer the property tax account from their name to mine, and only on April 3rd did the property tax account leave their responsibility. As a result, they paid the property tax for March (by direct debit) because they were still registered with the municipality, even though the apartment was actually in my possession. The transfer of the property tax account can be done either by the tenant or the landlord. More than three months have passed, and the tenant has not asked me for anything. Should I contact him and reimburse his expenses?
Answer
Hello,
If the tenant paid the excess property tax by mistake, you should inform him of the mistake and refund him. If there is a possibility that he paid voluntarily, it should be considered a gift.
In this case, it is reasonable to assume it was a mistake, and you should refund them.
Source
Shulchan Aruch, Choshen Mishpat, Siman 339, and Shach there.
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