Liability to Pay for Damage in an Apartment Rental
Question
Hello.
A tenant who, upon entering the apartment, saw that the closet was about to break and could have been repaired immediately, but did not tell the landlord to repair it, and because of this it broke further—is the tenant obligated to pay because he did not inform the landlord?
Answer
Hello and blessings.
He is obligated to pay.
Source
Siman 307, se'if 1: One who rents from his fellow an animal or utensils has the status of a paid guardian, obligated for theft and loss and exempt from unavoidable accidents. However, the obligations of guarding in the rental of houses do not apply to the apartment itself, since there is no guarding with regard to real estate, but regarding the items inside it there is an obligation of guarding. Therefore, since he was negligent by not informing the landlord (in a case where he was expected to inform him), he is obligated to pay.
