By From writings of Harav Chaim Kohn shlita | |||
#311 |
Bechukosai |
31.05.2016 |
N/A |
Q: What other actions confirm real-estate rental? What about rental of movable items?
A: Bringing in furniture or unloading luggage is included in the kinyan of chazakah (taking possession) for rental. Although many maintain that usage cannot acquire ownership title, since rental is intended only for usage, it suffices to confirm rental (C.M. 192:11; Ketzos 189:1; Nesivos 192:6; Machaneh Ephraim, Sechirus #1).
Handing over the key is not considered a kinyan, even for rental, unless there is a common commercial practice to confirm in this manner (C.M. 192:2; 201:2; Sma 201:6).
Movable items are acquired for rental as with purchases, by picking them up or moving them. There is a dispute regarding a cash payment (C.M. 198:6; Pischei Teshuvah 198:8).
Many maintain that kinyan sudar confirms rental of both real estate and movable property. However, some maintain that sudar confirms only transfer of ownership, but not rental. Others maintain that it confirms rental of movable items, but not of real estate (C.M. 195:1, 9; Nesivos 195:4).