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7.9 Hire
The terminology distinguishes between contracts ana idìand ana sùti,
conventionally translated as “hire” (“Miete”) and “lease” (“Pacht”)
respectively. The distinction is according to the object hired, ana idi
being used for houses, persons, and inanimate movables, and ana
sùtifor agricultural land, prebends, and animals, although there is
some overlap. It is not clear what, if any, legal implications lay
behind the terminology. Other formulae are also attested.7.9.1 Hire(ana idì)^182
7.9.1.1 Houses
The most frequent contract is for the renting of houses (or part of
a house), often with the purpose of the rental stated (ana a“àbi“for
dwelling”; bìtu “aPN 1 —PN 2 ina libbi a“ib“(regarding) the house of
PN 1 [= landlord], PN 2 [= tenant] dwells therein”). In many cases
the date is stated from when the house is “available” (ina pàn) to the
tenant. The period of tenancy is several months or years. In gen-
eral, the rent is payable in silver in equal installments at the begin-
ning and middle of the year, but many other arrangements were
possible, for example, monthly (BR 6 30). Daily payments in pro-
duce are also attested (VAS 5 145 = NRVU 143). A large number
of receipts for rent are preserved. In addition to the rent, extra pay-
ments are often mentioned, due three times per year. There are
occasional penalty clauses for breach (e.g., BR 6 29); repossession
by the landlord was presumably on this basis.^183
The tenant generally had to pay compensation for damage. Main-
tenance or refurbishment of the property is often expressly stated as
one of the tenant’s duties. Alterations to the building by the tenant
could also be agreed (combination of rental with a construction
contract).
A debtor could rent a house to the creditor by way of pledge,
with the rent being discounted as interest.(^182) Ries, “Miete.. .” For additional literature, see BR 6, pp. 43, 48–49, 55.
(^183) See Ries, “Miete.. .,” 176 (and see 175 on paqàru, “confiscation of the object
of hire”: BE 10 1).
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