Bava Metzia, Chapter 8, Mishnah 6. The Mishnah here opens a new topic that will accompany us throughout the rest of the tractate: although we are still dealing with monetary laws, from here on we turn toward the laws of real estate. Here we will see the point of intersection between them - monetary conditions pertaining to real estate, which is more or less what the rest of the chapter deals with: the laws of renters and landlords and the rights of each of them.
The first case: "Hamaskir bayis lachaveiro" - a person who rents out a house or an apartment to his fellow, when there is no rental contract between them and no date was set for the rental to end, and the renter lives in the place indefinitely. The question is how much advance notice must be given: when may the landlord evict the renter, and conversely, when may the renter leave the apartment, stop paying rent, and leave the landlord to find a new renter.
Two rabbinic laws determine this:
Thirty days advance notice: A person may not be evicted from his apartment without thirty days advance notice, for this is unfair, and he must be allowed to find a new place to live.
Prohibition against eviction during the rainy season: During the winter months, the renter may not be evicted at all, because the cold and dampness endanger him and he has nowhere to go.
These two laws apply specifically when no end date was set. If there is a contract that sets the rental period, the contract determines when the rental ends and when the landlord may demand the eviction of the renter, and vice versa. And if a specific date was set in the contract, it does not matter that it is snowing outside on that day: the renter knew in advance, at the time he took the apartment - whether a month earlier or a year earlier - that he must find a new place to live by the specified date, and from then on it is his own responsibility.
And what are the timeframes set by the Mishnah:
"Biyemos hageshamim eino yachol lehotzio, min hechag ve'ad hapesach" - during the rainy season, the landlord cannot evict the renter at all, and the latter may remain throughout the winter. This season begins from the Festival, which is the holiday of Sukkos, and lasts until Pesach.
"Uviyemos hachamah - shloshim yom" - during the season that is not rainy, from Pesach until Sukkos, a thirty-day advance notice is sufficient. Consequently, someone who wishes to evict a renter ahead of the winter must warn him thirty days prior to the winter, and the latest date for this is thirty days before Sukkos: since Sukkos occurs on the fifteenth of Tishrei, the latest date is the fifteenth of Elul. Once the winter itself arrives, the landlord can no longer do a thing.
"Uvikrakim, echad yemos hachamah ve'echad yemos hageshamim - shneim asar chodesh" - in large, walled cities, where supply is limited and demand is immense and it is difficult to find a new place to live, there is no difference between summer and winter, and both require twelve months advance notice.
These timeframes - thirty days in the summer and an absolute prohibition during the rainy season in towns, and twelve months in walled cities year-round - are valid in both directions. A renter living in a walled city who wishes to leave must also give his landlord a twelve-month advance notice; similarly, a renter may not leave in the middle of winter, for the landlord cannot find a replacement renter in this season, and it is unfair.
And it must be reiterated: all this is void when there is an agreement that sets the end date of the rental, as well as when there are general norms in society regulating these matters - for they override the law of the Mishnah. The Mishnah is speaking of a place where there is no local custom, and only there do these rules apply.
Renting shops - commercial real estate:
The Mishnah continues and discusses renting shops and commercial space: "Echad ayaros ve'echad krakim - shneim asar chodesh" - there is no difference between towns, which are small settlements, and walled cities, which are large cities: in both cases a twelve-month advance notice is required, and in both directions - whether the landlord wishes to evict the renter, or the renter wishes to relocate his shop to another place.
And the reason the time here is longer: business owners usually sell on credit, and manage an open account with their customers. The concern is that if the business relocates without sufficient notice, the customer will return and not find the creditor - who is the business owner - and the business owner will lose his money, as he will not be paid in full. Therefore, twelve months are required, to delay the move, to ensure that everyone understands the situation, and in the meantime he will be able to collect his money in full.
"Rabban Shimon ben Gamliel omer: chanut shel nechtomim veshel tzaba'im - shalosh shanim" - In his opinion, certain businesses, such as bakeries and dye shops, need three years. There are two explanations given for this:
Some commentators explain that these businesses also extend a large amount of credit, and therefore require a longer period of time.
The Meiri struggles with this explanation and suggests instead that these are manufacturing facilities requiring extensive space for their bulky equipment - such as large ovens and similar items - as well as an abundant water supply. Because of this, it is difficult to find a new location for them, which is why a three-year notice is necessary.
Halachah: The Bartenura, following the Rambam in his Commentary on the Mishnah, rules in accordance with Rabban Shimon ben Gamliel, that these places indeed receive a three-year notice. However, in the Mishneh Torah itself, the Rambam does not mention this at all, but rather establishes twelve months across the board. It appears, therefore, that the Rambam retracted his earlier opinion, and the practical halachah follows his words in the Mishneh Torah - a twelve-month notice.
In summary: This Mishnah opens the discussion of the laws of real estate, teaching how much advance notice is required for a rental that has no set timeframe: For houses - thirty days during the summer season, and during the rainy season the tenant cannot be evicted at all, while in large cities it is twelve months year-round; and for shops - twelve months in both towns and large cities, because of the credit given to customers, and according to Rabban Shimon ben Gamliel, three years for bakers and dyers. All of the above is based on the assumption that there is no contract and no overriding laws regulating commerce in that location. It is clear that today, in the 21st century, this is not the case; therefore, the practical halachah is determined by local laws and customs.