With spring around the corner, the Coopers decided to do extensive gardening and landscaping work on their property. They contracted Hymie Ganz, a professional landscaper, to do the work, which was scheduled to take a full week.

At the end of the second day, satisfied with the work that had been done already, Mr. Cooper paid Hymie a partial payment of $1,500.

On the third day, Hymie called.

“I won’t be able to come today,” he said to Mr. Cooper. “I hope I can make it tomorrow.”

The following day, however, Hymie called to say that he would not be able to make it again.

“When will you be able to come?” Mr. Cooper asked, somewhat irritated.

“Unfortunately, I can’t say for sure,” Hymie said. “It may not be for another week or two. I have a problem with my assistants, and it’s very difficult to work without them.”

“You’re kidding me,” said Mr. Cooper. “I can’t leave my property like this for another two weeks! My neighbor does gardening; maybe he can finish the job.”

Mr. Cooper called back a few hours later to say, “I arranged with my neighbor to finish the job. Send me a revised bill for the work that you did. My neighbor also asked if he can use the gardening tools that you left here; I’ll pay you their fair rental value.”

“If that’s what you decided, okay,” said Mr. Ganz. “I’ll add the rental value to the bill.”

Hymie made a summary of the work and mailed the bill to Mr. Cooper: $2,500 for two days’ work, plus $150 per day for the tools.

When Mr. Cooper received the bill he threw a fit.

“Hymie messed me up, and is asking for so much!?” he exclaimed. “$1,500 is more than enough for the work he did!”

He responded to Hymie that he felt he had already compensated him fairly, and refused to pay any more.

Hymie summoned Mr. Cooper to a din Torah before Rabbi Tzedek for the remainder of the money. Mr. Cooper, in return, accused Hymie of damaging his sun deck, for which he demanded reimbursement.

At the beis din, Hymie raised the value of the tool rental from $150 a day to $200. He submitted a price quote from a rental store, showing that the rental value of the tools was $250.

Mr. Cooper objected to this increase.

“Hymie already set the price at $150 per day,” he said. “He can’t raise the price now!”

“Why not?” argued Hymie. “I can even ask for $250 if I want!”

Rabbi Tzedek ruled, “If the discrepancy is significant, Mr. Ganz still has basis to raise the price to its fair value.”

Rabbi Tzedek then explained. “It is advisable to set a clear price before renting or buying something. If a price was not fixed, but rather set at the ‘fair rental value,’ the renter pays the average going rate. This amount is at least $200 per day, as Hymie now demands (C.M. 331:3).”

“This would be fine had Hymie billed me for $200 at the outset,’” responded Mr. Cooper. “After he billed me for $150, though, he established that as the price!”

“If Hymie was not aware of the average going rate,” replied Rabbi Tzedek, “just as there is ona’ah (price fraud) for sales, there is also ona’ah for rentals of tools. If the rent varied significantly from the fair value, the aggrieved party can demand the differential (227:35; SM”A 227:65).”

“But Hymie’s a professional; he probably knew the true rental value,” said Mr. Cooper. “He was willing to forego the amount beyond $150.”

“First of all, we allow even a professional an ona’ah claim,” said Rabbi Tzedek, “especially one who does not deal with tool rentals on a regular basis (227:14).

“Furthermore, even if Mr. Ganz did know the true price and knowingly billed you a lower price, there is an additional factor here,” Rabbi Tzedek continued. “Although he charged only $150 for the tools, he was expecting that you would pay the full bill that he submitted for his labor. However, once you refused to pay the bill, and even submitted a counterclaim, Mr. Ganz can claim that he never intended to forego the full value of the rental under such conditions (see Shach 17:15; Minchas Pitim 17:12).”

“Therefore,” concluded Rabbi Tzedek, “since the rental amount that Mr. Ganz initially billed is significantly less than the average going rate and you refused to pay the remainder of his bill, he can still ask for the full value of the rental.”