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B"H

I'm aware that the obligation to put up a mezuzah is on the tenant, and the landlord is not obligated to do so, even if he's Jewish renting to another Jew:

Landlords and Mezuzot

I'm also aware that a tenant who is Jewish shouldn't generally take the mezuza with him:

Taking your mezuzah to a new home

This question is what if the apartment the landlord is renting out already had mezuzas on it (either since the house was built or from another tenant) and the landlord is renting out the apartment to another Jew, is he allowed to take the mezuzas off the door (presumably to sell or reuse elsewhere)?

Is there a difference if the landlord originally showed the apartment to the tenant with the mezuzos on (and didn't verbally specify if they will be left on or not)?

I couldn't find any information on this specific case.

1 Answer 1

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B"H

I sent this question to asktherav.com and this is the response I got:

B" H

Hi I'm aware of this article

https://asktherav.com/article-133-removing-mezuzos-when-moving/#:~:text=When%20a%20person%20moves%20from,has%20already%20been%20established%20there.

That talks about a previous tenant not being allowed to remove mezuzos.

But what about a landlord who owns the property, and (possibly?) Paid for the mezuzos originally, and had them up since either the house was originally built/bought by him OR left from a previous Jewish tenant,

Since the obligation for putting up a mezuzah is on the tenant, can a landlord simply remove the mezuzos that were already there and expect the next tenant to put up new ones (this is assuming the landlord knows the next tenant is a frum Jew who will treat the mezuzos with respect)?

No.

And if not, is there any legal action that the tenant can take if that was done, in terms of compensation?

No.


Although their reply doesn't elaborate, based on their other article regarding the reasons of old tenants not removing them, one may infer that the same reasons apply here:

When a person moves from a home or an apartment, the halachah is not to take down the mezuzos.

The reason:

Most poskim explain that it is considered disrespectful to uproot a cheifetz shel kedushah (a holy item) from a home after it has already been established there. It is also considered a sakanah (a dangerous activity). ...

...

Removing mezuzos from a home can be quite dangerous to the individual who does so. The rationale behind this rule is that Jews never uproot mezuzos from homes, leaving them bare without Hashem’s name.

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