Hiring, Renting, and Lease: Ruling on Sarqoflī When Not Initially Charged in Lease Agreement

Practical Laws of Islam as per the teachings of Imam Khamenei

Hiring, Renting, and Lease: Ruling on Sarqoflī When Not Initially Charged in Lease Agreement

English:

Question #1656:

A landlord rented a building to a company without charging it sarqoflī. Is the landlord required to pay sarqoflī to the company on vacating the building? And if the landlord sells the property to the same company should he deduct an amount equivalent to sarqoflī?

Answer #1656:

Unless the right to demand payment of sarqoflī by the tenant has been conferred on him in a shar‘ī manner, by way of buying, a muṣālaḥah, or a condition in a binding contract, or a law, he is not justified in demanding from the landlord anything in return for foregoing sarqoflī. Nor is the tenant justified in deducting an amount from the purchase price of the property for the sarqoflī if he buys it from the landlord.

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