Broker Fees on Rentals

Here in NYC it is common for brokers to charge one months rent and even more as their fee for doing ABSOLUTELY a nothing for the tenant, often not even showing up to show the apartment. In any case, answering a tenants few questions shouldn’t warrant a thousand dollars fee. Rent is already totally unaffordable especially for families here. Should it not be against halacha to charge the brokers fee? If the broker would find me the apartment I want it’s one thing, but if he’s basically just working for the landlord should the landlord pay the fee for his employee?

Shalom!

Thank you for your question.

I totally understand your frustration with high rent prices and cost of living.

However, as frustrating as it is, it is halachically permitted to charge for these services even though it appears that the recipient put in no work to earn them.

This idea is based primarily on the halachic principle of “minhag hasochrim” which teaches that all normative customs and practices in a specific industry are binding from a halachic perspective.

In fact, the Mishna (Bava Metzia 83a), says that in the event of details being unclear in a business contract or agreement, local custom is to be followed. This would include work hours or employee benefits: when unclear in a contract the Beit Din will rules according to common custom, as it says “Hakol K’minhag Hamedina” – the ruling will follow common custom.

It is interesting to note that local custom will even trump a law written in the Code of Jewish law! Indeed, while secular law cannot rump ritual law (i.e. if the law of the land or “common custom” is for everyone to eat pork, it remains forbidden to eat pork, of course. But when it comes to monetary or civil law, more often than not, common local custom takes precedes over the written Jewish law.)

Other relevant concepts and principles would include: “minhag mevatel halacha” (customs can override established laws), “situmta” (the way of doing business), and “kinyan” (solidifying agreements), however elaboration on these principles is beyond the scope of this response.