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Shabbat Parashat Vayeilech 5777

Vayeilech | 6 Tishrei 5777 | 08/10/2016

P'ninat Mishpat: A Renters Responsibility for an Exploded Water Tank part II

The defendants (=def) rented an apartment from the plaintiff (=pl). As the rental ended, def informed pl by text message that they had left. Workers were to do renovations before new renters came in. Pl claimed that the morning after def left, he and his workers found a major leak from the roof, which turned out to be from an exploded boiler, which, he saw by the indicator, had been left on. He argues that leaving on an electric boiler is negligence, as the accumulation of gases of boiled water is likely to cause an explosion, and according to the contract, def is obligated to pay for damages to the apartment that were not caused by normal use. He demands 2,200 shekels for a new tank. Def claims that they checked that all the electricity was off before leaving the apartment, and, in fact, they had not used the boiler in weeks, because in the summer, when they left, solar-heated water sufficed. They dispute the claim that pl found the problem on the morning after they left, because they communicated that day, and pl said nothing. Rather, it was the on second day, and in the meantime, pls workers worked and slept in the apartment, and one of them could have lit the boiler. In any case, def claims that a proper boiler does not explode when left on indefinitely because of double protection: a thermostat to shut the electricity when the water is hot enough and a gas-releasing valve to prevent over pressure. Pl says that the boilers malfunction is not his fault since he replaced it 1-2 years ago.


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