By From writings of Harav Chaim Kohn shlita | |||
#329 |
Vayelech |
6.10.2016 |
שכא |
Q: I rented a property for a week-long vacation, but heavy rains and subsequent flooding required evacuation of the area. Am I liable for the rent?
A: A widespread event that affects most of the region is referred to as makkas medinah (countrywide plague). The renter is not required to pay the rent for the unusable property in such a situation; it cannot be considered his own misfortune due to the widespread nature of the event. If the property is still usable or fixable, though, even with difficulty, the renter must pay the rent (C.M. 321:1; Shach 334:3).
If the event occurred during the middle of the rental, the Rema rules that it automatically requires a reduction in the rental for the unused portion, even if the renter did not cancel the rental (Rema 312:17, 321:1).
However, something common that the renter could have foreseen is not considered makkas medinah. Additionally, if the renter prepaid, he is not always entitled to a refund (Machaneh Ephraim, Sechirus #5, 7; Pischei Choshen, Sechirus 6:10-13).