Q: I rented a house with an enclosed yard. Does a lost item (without simanim) that falls in the yard belong to me or the landlord?

A:There is a dispute on this issue. The Rambam (Hil. Sechirus 6:5) maintains that the landlord acquires it, unless there is a practice otherwise, whereas Rashi (B.M. 102a) and the Rosh (Responsa 1:1) maintain that the tenant acquires it, since rental is tantamount to temporary ownership.

There is an apparent contradiction in the Shulchan Aruch, who rules like both the Rosh and the Rambam (C.M. 260:4, 313:3). Some differentiate between items that are expected to be found and those that are not. The Shach (313:1) rejects this distinction and sides with the Rambam. However, other Acharonim side with the Rosh, since this is included in usage of the yard (Ketzos Hachoshen and Pischei Teshuvah 313:1; see also Mishpatecha L’Yaakov #94).

On account of the dispute, whoever takes the item first may keep it. Even according to the Rambam, the tenant acquires the item if this is the common practice.