Q. Can a Shomer Torah landlord expel a similar tenant from his rental property for defaulting in rent payments by following the law of the land and applying for an eviction ruling enacted by a law officer, or does he have to refer to a Beis Din first in order to remove him.
A. On question 1068 regarding the retrieval of a rent deposit from a landlord who is unlawfully keeping it, we wrote: "Horav Shlomo Miller’s Shlit’a opinion is that you do not need permission from a Beis Din to lodge a complain for redress at the Landlord and Tenant Board or its equivalent."
Similarly in our case, since there is no disagreement that the rent is owed by the tenant the landlord may follow the law of the land and have the tenant evicted.
On the above question the Rov suggested "You may also want to approach the landlord’s Rov at the shul where he davens, he may be able to solve the problem by just speaking with him." If that can work in your case, it is advisable to give it a try.
The Rov also pointed out, that if the tenant is indeed a needy pauper and requires tzedaka, the landlord may be the first one who is obliged to help him, as the mitzva landed in his camp. This being similar to hashavas aveida or the return of a lost item to its owner, that the finder is obliged to do.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
Important Numbers
