Who is liable, the landlord or the tenants, when something in the apartment breaks NOT due to the negligence of the tennants?
last night there was quite a strong wind in jerusalem. we had chairs outside( that belong to the landlord).
When we came to the appartment these chairs were outside and they big and bulky plastic chairs that are seemingly supposed to be outside. last night the chair broke from the wind.
(1) How do i know if the wind is considered a “ruach sha’eino metzuyah”(abnormal wind) or not?
(2) and even if it was an abnormal wind , would i still be obligated to pay,since the contract says that anything that is broken must be replaced? Or perhaps i have a claim that obviously the contract is only talking about when i am at fault?
Answer from Horav Y. Fleishman shlit”a
I can’t really answer w/o hearing both sides. If it is supposed to be left outside as is the tenant isn’t responsible because it had nothing to do with him-it is like the Nesevos in beginning
of 291. However if he is supposed to move them or something else it could be his fault
It is eino metsuyo but that may not be critical.