Mezuzos on a Rented House

Question: We have just signed a year’s lease on a new flat. When should we affix our mezuzos?

Answer: The Gemara (Menachos 44a) teaches that while one who rents a home in Eretz Yisrael must affix a mezuza immediately, one who rents a home in chutz la’aretz is not obligated to affix a mezuza for the first thirty days. Thus, one who rents a holiday home in chutz la’aretz for a week or two has no obligation to affix a mezuza.

When the rental is for more than thirty days, however, there is a machlokes as to when the mezuza should be affixed and when the beracha should be recited. R’ Moshe Feinstein (Igros Moshe YD 1:179) cites R’ Yaakov Tzvi Mecklenburg (Derech HachaimMezuza 16), who maintains that one renting a property for permanent residence is obligated to affix a mezuza immediately. Although most poskim disagree, R’ Moshe considers it appropriate to follow this view, and notes that this is the common practice.

Regarding the beracha, R’ Moshe cites R’ Tzvi Hirsch Eisenstadt (Pischei Teshuva YD 286:17), who quotes the Eshel Avraham as permitting one to affix the mezuza and recite the beracha before thirty days. In his Nachlas Zvi (YD 286:22), however, he questions whether it would be preferable to wait until the thirtieth day, when the tenant is certainly obligated. R’ Moshe therefore rules that one should affix the mezuza immediately, but it is preferable to wait until the thirtieth day before reciting the beracha.

Other poskim likewise rule that the obligation begins immediately. R’ Yitzchak Yaakov Weiss (Minchas Yitzchak 2:82) quotes the Harei Besamim (2:219), who rules that one should affix the mezuza with a beracha as soon as one moves in. Similarly, the Aruch Hashulchan (YD 286:49) writes that although one who intends to stay for less than thirty days is exempt, one who rents a property for longer is obligated immediately. R’ Moshe Sternbuch (Teshuvos Vehanhagos 1:644) adds that modern tenancy agreements are legally binding, making the rental more permanent than it was in the past, and therefore the obligation begins immediately.

In conclusion, one who rents a property in chutz la’aretz for more than thirty days should affix the mezuzos with a beracha immediately upon moving in.

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