The gemara on daf 100 speaks of taking mezuzot home when you leave an apartment. Both the Gemara and Tosafos seem to imply that when one leaves a rented apartment, one is not able to take your mezuzot on the wall. Is this the established halacha or are there different parameters for this-and how do we pasken?
This is the Halachah (Shulchan Aruch YD 291:2). There are those who write that if the renter specifies at the outset of the rental agreement, he may claim the money from the landlord for the Mezuzos, but he may not take the Mezuzos themselves.
As the Gemara writes, this Halachah does not apply when renting from a Nochri.
Dear Mark, There are ways of taking down the mezuza that are permitted. The best way is to have the new tenant take them down when he puts up his mezuzos and thus it is permitted since he has no obligation to use your mezuzot. Another method is to change the mezuzos for cheaper ones, and take your own valuable ones with you.
Rabbi Yisroel Pesach Feinhandler
Rabbi of Avney Yashpe Synagogue
Author of Beloved Companions, Beloved Children, Priority In Prayer & Avney Yashpe,
Marriage & Educational Counselor, Expert Mohel
2 Gedera St., Romema, Jerusalem