
Monetary, Interpersonal Laws and Din Torah (22)
Rental Car Not Returned on Time. If one rents in a way that a fixed sum is owed per day and he returns the car at a later date, he has to pay the agreed daily price for each extra day. This is comparable to the case (1) where a person rented an animal under such terms and it states there that even if he could not return it because of a flooding river, he still has to pay. From this we learn that even if he didn’t return the car on time because of extraordinary circumstances, he still must pay for each day.
Rented For Specific Purpose. If the car was rented for a specific purpose, such as a trip from New York to Cleveland, for a wedding and and back, which is usually a two day trip, the halacha is different if it is not returned on time due to an extraordinary circumstance. If that circumstance is one that both parties equally could have anticipated or not anticipated, then the owner loses and the one who rents only pays the agreed price for the trip. The reason is that since the owner has to get the money out of the other party, it is his responsibility to make an express condition that he must be compensated for such type of delays, out of the driver’s control. If he has a collateral or credit card information that provides him access to the driver’s funds, a dayan must be consulted. If, however, the circumstance was one that only the driver could have anticipated, then he has to pay for the extra days, even though the delay was not his fault. In case he was negligent in returning on time, of course he has to pay (2).
Breaking a Rental Agreement. Whether one rented by the day or for a purpose, one is not allowed to back out if this will cause a loss to the other party. If a renter decides in the middle of the rental term that he no longer needs the car and wants to back out, he still must pay for the whole term, but he can deduct the wear and tear that never happened. If the owner or driver finds another person to rent the car for those days and the owner loses nothing, the driver is exempt. The renter should still ask forgiveness from the owner for the aggravation of changing clients.
Damage to the Car. If a slight damage was done to a car through its usage, which is not apparent to the owner or his agency, but it is something the owner would care about and ask for payment, the renter must disclose to him the slight damage.
(1) שו"ע חו"מ שי:ג (2) מיוסד על שם