Q: My cousin owns an apartment in Eretz Yisrael that he often rents to visitors. When he heard that we were going there, he offered to let us stay in his apartment. We assumed he meant for free, but when we returned, he asked for rent. Must we pay?

A: Rema (C.M. 363:10) rules that if someone said to his friend, “Live in my property,” he is not liable for rent. However, he rules elsewhere (C.M. 246:17) that one who sustains his friend can charge him, unless the intention was clearly for free.

The Acharonim explain that a guest who typically stays with friends or relatives for free, and therefore did not benefit, is not liable when the owner offered usage without stipulating payment. However, one who typically rents or stays at a hotel, and therefore benefited from the lodging, is liable, unless beis din evaluates that the owner’s original intention was for free, depending on the circumstances and nature of the relationship (Shach 363:13; Ketzos 246:2; Pischei Choshen, Sechirus 8:34[70]).