Hiring, Renting, and Lease: Ruling on Landlord’s Right to Demand a Share of Sarqoflī and Increased Rent

Practical Laws of Islam as per the teachings of Imam Khamenei

Hiring, Renting, and Lease: Ruling on Landlord’s Right to Demand a Share of Sarqoflī and Increased Rent

English:

Question #1665:

A person leased property for a given rent plus sarqoflī. [Over a period of time], the landlord gradually increased the amount of rent so much so that it is now double the initial amount. Now that the tenant has agreed with a third party to vacate the property and hand it over to them for a higher sarqoflī, the landlord is demanding to be paid 15% of the sarqoflī. Furthermore, he wants to increase the rent ten-fold, despite the fact that similar properties in the vicinity are leased for much less. According to shar‘, is the landlord justified in demanding a percentage of sarqoflī and a highly inflated rent?

Answer #1665:

After it has been known that the tenant has the right to sarqoflī of a premium and the right to transfer this right to whomever he wished, the landlord has no right to demand from him a share of it. As for the rent, it is a matter for the landlord and the tenant to agree at the time of renewing the lease.

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