Mezuzah Cases in Apartment Sale | Trade and commerce | Ask the Rabbi - SHEILOT.COM

Mezuzah Cases in Apartment Sale

Question

I bought a second-hand apartment, and the seller is taking his mezuzahs. Can he also take the mezuzah cases, or are they considered part of the house and included in the sale?

Answer

Hello,

It is not possible to remove from the one who holds possession. Therefore, if the apartment has not yet been delivered to the buyer, the seller can take them, but if the buyer already holds the house, the seller cannot remove them. 

Source

See Pitchei Teshuva YD 291 and Choshen Mishpat 214

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