The Mishnah and later authorities speak of two kinds of tenants�the "aris," or the tenant on shares, the landlord receiving "one-half, one-third, or one-fourth," and the "?oker," or the tenant at a fixed rental, which in the case of farming land was usually payable in a fixed measure of the grain to be grown on the land, less frequently in money. Dwellings or business houses were, in the nature of things, let at a fixed rental in money. The word "me?abbel" (lit. "receiver") is applied to both kinds of tenants, but more especially to tenants on shares; "?ablan" always bears the latter sense.
The laws in force between landlord and tenant, the former being generally known as "owner of the field," are set forth in Baba Me?i'a 9:1-10.
These rulings are set forth, or at least indicated, in the Mishnah, in the chapter given. From the Gemara in the same chapter may be gathered the following rules:
In the Mishnah and in the codes the law governing the tenancy of a dwelling or business house is given separately from that of rural leases, and the questions discussed are different. The tenant of a house is known as the "hirer" ("soker"), like the renter of chattels. Much less is said in the Mishnah and Talmud about town tenancies than rural ones (B. M. 8:6-9,73b, 101b-103a).
A lease for a certain time vests in the tenant a property right, which the landlord can not defeat by a sale. No tenant may be ousted before the end of his term by the landlord on account of the latter's needs, such needs, for instance, as may arise from the destruction of his own dwelling as by fire or storm. Where rent is paid in advance, no matter for how long a term, a binding lease for the time paid for is understood. A landlord who during the term sells or lets the house to one who through violence or by appeal to the law of the Gentiles evicts the tenant must provide the latter with another house as good as the first. The same rules apply where the use of a house for a year at a time has been pledged for the owner's debt: the pledgee has all the rights of a tenant.
Where a house is let "to lodge" in, it means for a day; to "rest" in, for two days; and for a marriage, thirty days. But the unconditional ordinary letting of a dwelling-house means, in winter (rainy season), for the rest of the season, that is, from the Feast of Booths till after the Passover; in summer, till the expiry of a thirty days' notice to quit. But this applies only in a town ("'ir"); in a large commercial city ("kerak"), where the demand for houses is great, a notice must be given twelve months in advance. This is also the rule for all shops, both in towns and cities, in which the tenant sells goods; for a tradesman must have ample time to make his new place of business known to his customers. Simeon ben Gamaliel in the Mishnah holds that bakers and dyers are entitled to three years' notice to quit their shops. The codes differ as to whether his opinion should be followed. The tenant must in each case give as long a notice to rid himself of the obligation for rent as the landlord would have to give to him. Where the letting is for a fixed time no notice need be given by either party.
Where a house is let under notice of implied length only, without specified term, the rights of thetenant, while the notice to quit is running out, are not secure against the landlord's necessities. The latter, should his own house fall down, can insist that the tenant shall make room for him. Also, if during the running of the notice the market rate of rents goes up, the landlord can for the unexpired time ask for rent at the higher rate: on the other hand, if rents go down, the tenant can demand a reduction. But mere transfer of the ownership gives to the purchaser or heir no greater right than that of the original landlord.
The owner must not during the term, or while the notice to quit is running, tear down the house. If he does, he is bound to replace it. Moreover, if it should fall through no fault of his while there is a lease for a fixed term, he must provide the tenant with another house, either elsewhere or by rebuilding, the new one to be of like size, and to have an equal number of rooms and windows. Should the house become dangerously insecure, it seems the landlord is bound only to pay toward its restoration the amount of rent in advance in his hands. What is said of a house applies to a court (group of houses), to a shop, or to a bath.
Where a house is let for a year, and the year is one of thirteen months, the tenant gets the benefit. If the renting is for so many months, the tenant must pay for each. In disputes as to the length of the lease, the presumption is on the side of the shortest term: for the landlord is the owner; and the burden lies on the tenant who sets up an adverse estate.
A tenant for a fixed term has the right to sublet the house to another for the remainder of his lease, provided the new tenant's household is no more numerous than his own; but the landlord can, if he wishes, prevent such subletting by taking the house back and releasing the tenant from all further obligation for rent. Where two men rent a house jointly, neither of them can transfer his share of the tenancy to a third person without the consent of his companion.
The duty as between landlord and tenant of making repairs and improvements and the correlative right to fixtures have been shortly discussed under FIXTURES.