Q: I rented a summer home for the weekend without drafting a written contract. What are the terms of such a rental?

A: A confirmed rental is binding according to the terms stipulated, whether written or verbal. Terms that were not addressed are in accordance with the local common practice (minhag hamedinah) — (C.M. 315:2, 331:1; Sma 315:3).

However, for the rental agreement to be binding, the price must be either stipulated, known, left to the discretion of a third party, or agreed as the average going rate (C.M. 200:7, 331:3; Radbaz 6:2282).

If the renter used the rental item without an agreed price, he pays the going rate. If there is a price range, he pays only the lower end of the range and is not obligated to pay the average rate. However, the owner can refuse to allow him further use at this price, since the rental agreement is not binding without a defined price (as above) — (Maharashdam, C.M. #245; Ketzos 331:3; Pischei Choshen, Sechirus 5:[4], 8:4).