By From writings of Harav Chaim Kohn shlita | |||
#315 |
Shlach |
28.06.2016 |
N/A |
Q: I rented a resort cottage for two weeks and the air conditioner is broken. Can I demand a different cottage or a reduction in price?
A: The owner is required to provide the cottage fit for use, in accordance with the stipulations or common expectations. In the summer the cottage is considered defective without an air conditioner and he is required to repair it (C. M. 232:6; 314:1; Nesivos 310:1).
Even if you continue to use the cottage, you do not forfeit the right to demand repair (unlike a defective purchase), since you expect the owner to repair it (C.M. 232:3; Sma 314:6).
When repair is not possible, if the rental specified this particular cottage, the owner is not required to provide an alternate one, but you have the right to withdraw from the rental. However, you cannot demand unilaterally to continue renting at a reduced price. If the rental did not specify this cottage, the owner is responsible to provide an alternate one (C.M. 232:4).