daf bit: Bava Metzia 101

[cellio]

The talmudic discussion has turned to renting property. A mishna on today's daf says: if one rents a house to his neighbor in winter, he cannot evict him from Sukkot to Pesach, while in summer he cannot evict him for 30 days (meaning he must give 30 days' notice). In large cities, the notice period is 12 months regardless of season. The g'mara asks why the season matters, and first answers that when one rents for the winter it's for the whole winter. But this is disputed (we do that in the summer too), and then it answers that houses aren't available for renting in the middle of winter (so he'd have no place to go). But then why should cities be different? Finally, the g'mara concludes that if ones rents his house for an unspecified period, then he can't evict in winter, but if the lease was for a year, he can evict at the end of the year. Further, just as the landlord must give notice that he will not renew the lease, so must the tenant or owes damages because the landlord didn't have the opportunity to find a replacement.
There is an exception for hardship; if the landlord's own house collapses, he can say to the renter "you are no better than I" and evict him so he can move in. But if he needed it to give to his son upon marriage, we consider whether he could have given notice. If he knew he would need it in advance and didn't give notice, he can't evict, but if the need was unforeseen, he can evict. (101b)
All of this is about houses, by the way. Commercial real estate is different.
Originally posted at http://cellio.dreamwidth.org/1993671.html.
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