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Section: Questions   Category: Money Matters
TAGS:arvus
Money Matters - Arvut
Submitted by Eitan  Answered by Rav Yehonoson Hool
Question:
Answer: Without seeing the exact context and terminology of your obligations as defined by the contract, it would appear that you have the status of a guarantor on the rental payments, regardless of whether the contract used Halachic terminology.

Although there is a concept known as "arev kablan," which means that the creditor can demand payment from the guarantor even before approaching the debtor himself, it is unlikely that you are more than a regular "arev." As such, the landlord must first claim against the tenant himself. Only if the tenant cannot pay due to lack of funds, or refuses to pay and cannot be forced to pay for whatever reason, can the landlord approach the guarantor and demand that he pay the money.

If you do indeed have to pay, you have the right to claim back from the tenant himself any money that you were obliged to pay for his debts.

posted:2012-02-19 16:47:49


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