Q. Follow up to Q. 210 – Where I live there is a requirement to pay interest on the Security Deposit held by the landlord. The interest rate is set by the local Housing Department.
What would be the best practice for the landlord to follow when returning such a deposit to a Jew? Does one have to assume that any specific tenant is a Jew if they don’t have first hand knowledge?
Thank you,
A. Although maybe in some locations the interest paid on the LMR deposit kept by the landlord may not be equal to the authorized increase in rent for that year and therefore also not equal to the needed increase in the Last Month Rent deposit, which could be more or less (historically, usually the interest is more) when not linked to each other by the Housing Authority.
Horav Shlomo Millers Shlita opinion is that the landlord may negotiate with a tenant and make it equal. In case the interest is higher and the tenant may not be willing to forgive the small amount of difference coming to him, the landlord may deduct it from the rent to be paid, lowering the rent on that month.
In principle, unless you know otherwise, you follow the majority rule when in doubt, for determining if the tenant is Jewish.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlita
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