The Shapiros owned an apartment in Jerusalem, where they often spent the yamim tovim. Their neighbors, the Bergs, were traveling there for the yamim noraim.
“Would you be willing to rent us your apartment for Rosh Hashanah?” asked Mr. Berg.
“How long will you be there?” asked Mr. Shapiro. “We plan to come shortly after Yom Kippur.”
“About a week, just until Tzom Gedaliah,” said Mr. Berg. “Afterward we expect to stay with relatives.”
“In that case we’d be happy to rent you the apartment,” said Mr. Shapiro. “Just please leave it clean; we don’t have someone managing the apartment to clean up afterward.”
“For sure; will do,” said Mr. Berg.
They arranged on a price for the week. “I assume this includes all utilities,” said Mr. Berg.
“Of course,” replied Mr. Shapiro.
Mr. Berg took out his checkbook. “Let me pay you now, since I don’t know when I’ll see you next,” he said.
“That would be a good idea,” said Mr. Shapiro. “Thank you.”
The Bergs spent Rosh Hashanah in the apartment and then went on to their relatives.
When the Shapiros arrived a week later, they saw that the air conditioners were running.
“What’s going on?” asked Mrs. Shapiro. “Why are the air conditioners running?”
Mr. Shapiro checked the Shabbos clock. The mechanism was on “timer” setting, operating for about half the day.
“It seems the Bergs didn’t shut the air conditioner when they left,” said Mr. Shapiro. “That’s about a week’s worth of running half-time – a few-hundred shekels!”
Mr. Shapiro e-mailed Mr. Berg. “I guess the timer was off when we left,” replied Mr. Berg. “We didn’t realize the air conditioner was still on.”
Mr. Shapiro called Rabbi Dayan and asked, “Is Mr. Berg liable for the excess electricity?”
“Mr. Berg is certainly liable for the electricity after leaving the apartment,” said Rabbi Dayan. “In some cases, he could be liable for excess electricity even during the rental period if he was wantonly negligent.”
“Could you please explain?” asked Mr. Shapiro.
“A renter is required to use the rental item in the customary manner,” explained Rabbi Dayan. “For example, he may not overload an animal, and if he did so and harmed the animal he is liable [C.M.308:6]. R’ Akiva Eiger [C.M. 309:1] explains that misuse is worse than regular neglect; it is like a stipulation that if the renter misuses he is liable for the damage.” (Pischei Choshen, Sechirus 2:10)
“Similarly, a renter is expected to use electricity in the customary manner,” continued Rabbi Dayan. “Usually when one leaves his house for the day he shuts the air conditioning. Although some people leave the air conditioning on even when they’re away so that the house won’t heat, depending on the locale and time of year, even they shut the air conditioner when leaving for an extended time, and certainly when leaving for a week.”
“Wouldn’t this be considered grama [indirect, passive damage], though?” asked Mr. Shapiro. “Mr. Berg was allowed to use the AC and he simply didn’t shut it. One is legally exempt for grama.”
“This is not considered grama,” said Rabbi Dayan. “As a renter, Mr. Berg was responsible to look after the apartment; it was his obligation to shut the AC before leaving.” (See Ohr Ezra, vol. I, pp. 16-17)
“Moreover, unauthorized use of electricity is more than damage,” continued Rabbi Dayan. “A person who turns on an electrical appliance is essentially buying electricity from the electric company on credit, until the bill comes. When renting an apartment including utilities, the owner is willing to cover the usage during the rental period, like someone who allows another to use his credit card for a limited time. Beyond this time, the tenant is required to pay himself for the electricity he purchased.”
