Orach Chaim 437:3-4 Landlord Tenant Disputes re Bedikas Chametz

so we're up to him we're talking about uh renting out your house and who the obligation uh is on in terms of so we did elephant base last time and now we're up to gimel someone who rents out his house to his friend there's the khazaka the presumption is that it was uh it was checked for Chomitz, and therefore the tenant, the Seicher, does not have to check it.

But it turns out that it was wrong, that it was not checked.

So the tenant now has got a problem because he's got to do B'dikas Chomitz.

So whose problem is it? It says in the Mechaba, the onus is on the Seicher, the tenant, to do the B'dika.

And it's not a Mechach Tos that would undo the rental agreement.

Even if that you have to pay someone to do the B'dika, to check out, and it costs money to find someone to do it.

Because the mitzvah is on the socher to do it, and therefore it's not a mekkah to us.

The Yesh Emrim says to the Rimah, he's got to actually, whatever he paid, to do the B'dika because there's a cheskas boduk then the maskir the landlord has got to pay for the actual B'dika because he stipulated clearly that it is boduk okay says Mishle B'ruch cheskas boduk hainu but you Dalit we're talking about on the 14th Erev Pesach itself because there is a presumption on that day that if you rent a property that it's going to be checked, it's going to be inspected for Chomet.

And certainly if the maski, if the landlord says so explicitly.

Even though on the 14th, the chiv is on the masker, on the landlord's check, nevertheless, if the landlord is not in front of us, is not in town, so then the obligation falls onto the soichar, and we don't say that it was a total flaw in the agreement, and that it undoes everything, because after all, He rented it with a cheskas poduk.

There's a presumption that it was all checked and it wasn't.

Why don't we say that? The Chazal assumed that it's good for a person to do a mitzvah with his money.

And they say that even if he knew that the house is not checked...

It's a place where you actually pay for someone to do the B'dika.

Nevertheless, the rental agreement stands.

And now that he's complaining, he's screaming and shouting, it's not fair, there's no B'dika, I've got to now do the B'dika.

He's trying to wriggle out of the agreement.

He found a nicer accommodation, and therefore he's just trying to wriggle out of the agreement.

and therefore we say it's not a Mekach Tois, he's got a state, but the agreement stands, and you've got to just do B'dikas Chometz.

Because the Seicher is doing a Mitzvah.

But the Dei Azu says to Mishabur Yud Gimel, The Maske, according to the first opinion, doesn't even have to return the money spent on doing the B'dika.

So, It doesn't benefit the maskir at all.

Because the mitzvah falls on him, there's no financial obligation on the maskir whatsoever.

However, then the Ramos says, He does actually have to return the money incurred.

for doing the B'dikah.