Fall was turning to winter. Shlomie vividly recalled the previous winter, when his family had been without power for two weeks in the aftermath of Hurricane Sandy. He was seriously considering buying a portable gasoline generator, but could not afford the expense.

Shlomie called his neighbor Ezra, who ran a rental business for construction equipment.

“Do you have any portable generators available to rent for the winter?” he asked.

“Yes, I do,” said Ezra. “What size do you need?”

“Just a small one,” answered Shlomie. “One that will cover the lights, kitchen appliances, and a few other small appliances around the house.”

“I can rent you one for $250,” said Ezra. “That’s what it runs.”

“Okay,” said Shlomie. “I’ll come over today to pick it up, before a storm hits!”

A month later, Shlomie’s cousin Dovid came to visit.

“I hope we don’t get caught without electricity like we did last year,” he joked.

Shlomie showed his cousin the generator that he had rented.

“How much did you pay?” asked Dovid.

“It was only $250 for the season,” replied Shlomie.

“Really?” replied Dovid, shocked. “That seems extremely high to me!”

“How much should it be?” asked Shlomie.

“For that size unit, rental prices range anywhere from $140 to $200,” he replied. “What you paid is way out of line!”

“Well, I paid him already,” said Shlomie, “so there’s nothing I can do.”

“Why not?” said Dovid. “If a person overcharges a customer, there’s a claim of ona’ah (unfair pricing) and the customer is entitled to restitution.”

“First of all, I didn’t buy the generator,” said Shlomie. “I just rented it. And anyway, it was a month ago.”

“I don’t know if that makes a difference,” said his cousin. “Let’s ask Rabbi Dayan. I keep his hotline number in my phone.” He whipped out his phone and handed it to Shlomie.

Shlomie called Rabbi Dayan and asked, “A month ago, I rented a portable generator and was significantly overcharged. Do I have an ona’ah claim?”

“Just as an overcharged customer has an ona’ah claim, an overcharged renter also has an ona’ah claim, since rental is viewed as a sale for the day,” answered Rabbi Dayan. “Thus, if the rental owner overcharged by a sixth or more, he is required to return the excess amount. I should mention, though, that real estate is excluded from ona’ah claims, so it wouldn’t apply to a house rental; ona’ah applies only to portable items (B.M. 56a-b; C.M. 227:32, 35).”

“What about the fact that a month has passed?” asked Shlomie. “I thought there was a brief time limit for ona’ah claims.”

“That is true for purchases, but not for rentals,” replied Rabbi Dayan. “A customer can submit an ona’ah claim only shortly after a purchase, allowing him time to show the purchased item to friends and relatives and check whether the price was fair. However, once this time passes, if he did not check and submit a claim, he forfeits his right to demand restitution. A renter, though, can submit an onaah claim even a long time later (C.M. 227:7).”

“Why does this time limit not apply to rentals as well?” asked Shlomie.

“There are two explanations,” said Rabbi Dayan. “First, a person who buys something often shows it to other people to hear their opinion of the purchase; afterward he forgoes his right. However, people do not typically show rental items to others, so this time frame is not relevant.

“Second, payment for a purchase is due at the time of purchase, whereas payment for rental is due, in principle, only at the end of the rental,” continued Rabbi Dayan. “Since a long time is likely to pass in any case between the beginning of the rental agreement and the actual payment, our Sages did not impose a time limit (Sma 227:65).

“Therefore,” concluded Rabbi Dayan, “although a month has passed, you can still demand a refund of the excessive rental amount.”