Breach of contract is g’neiva? If I sign a contract with you to rent an office for business purposes only, but instead I move in with the gantze mishpacha, is that g’neiva? (Just asking.)
I believe so.
Even the m’chirah b’t’nai, I was told by a big talmid chochom, had a “shiur” (exclusion) in the sale; it remains in the ownership of the producer regarding copying, and such use by the purchaser would be g’neiva.
You’re saying that the halacha for a rental is different than that for a t’nai, in that all poskim agree there is no need to refund the money for the remaining term of the rental, if the renter broke the terms of rental?
I can’t say all; I haven’t asked all of them. But certainly more.
re: side point; Sorry.