As a property manager, my pay or income happens only when the property produces income. I get paid a percent of the income. No income No pay. A question has arisen where it seems that the answer hinges if I am Shomer Chunom or Shomer Sucher. Your opinion would be appreciated. Thank you in advance.

Answer:

Your status would seem to be that of a Shomer Sachar, on the contents of the apartment.

Sources:

A person who receives monetary benefit from an item entrusted to him is considered a shomer sachar, even if he is not paid directly for watching. A salesperson is a shomer sachar on the merchandise he sells (185:7); a delivery service is a shomer sachar on the packages he delivers (187:1).

However, a shomer is responsible only if he was entrusted with moveable items, but not if entrusted with real estate (Bava Metziah 56a, Shulchan Aruch C.M.  301:1). So if one borrowed a house and it was damaged by flood or fire, he would not be responsible, since a building is built into the ground (Rama 301:1; 95:1; Shach 95:1). However, you would be responsible for the moveable furniture, at least that which you used (see Nesivos Hamishpat 340:8, Shach 202:3).

Even so, the shomer is “chayav bidei shamayim” if he was negligent (Pischei Choshen, Pikadon, 1:21:51).

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