Hiring, Renting, and Lease: Ruling on Transfer of Sarqoflī Rights Without Landlord’s Consent

Practical Laws of Islam as per the teachings of Imam Khamenei

Hiring, Renting, and Lease: Ruling on Transfer of Sarqoflī Rights Without Landlord’s Consent

English:

Question #1660:

A business property was leased for twenty years. Is the leaseholder justified in transferring the right of receiving sarqoflī to another tenant, either during the period of lease or after it has expired observing all related laws and paying the sarqoflī taxes? If the first tenant transfers its sarqoflī to a new tenant in a formal way observing all regulations but the landlord is not happy with it, has he the right to demand from the second tenant to vacate the property?

Answer #1660:

If sarqoflī of the place was not transferred to him by the landlord or by virtue of law, he has no right to sell or transfer it to any body else. If he does so, it is a fuḍūlī transaction and depends on the permission of the landlord.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Hiring, Renting, and Lease