Hiring, Renting, and Lease: Ruling on One Tenant Transferring Share to Co-Tenant Without Landlord’s Consent

Practical Laws of Islam as per the teachings of Imam Khamenei

Hiring, Renting, and Lease: Ruling on One Tenant Transferring Share to Co-Tenant Without Landlord’s Consent

English:

Question #1636:

A person rented some property jointly to two people, on the condition that the tenants do not sublet the property to a third party unless the landlord agrees to it. However, one of the tenants transferred his share to his partner without the consent of the landlord. Does this amount to a transfer to a third party?

Answer #1636:

This transfer is a transfer to a third party unless there is something in the contract which prevents “transfer to the third party” to include “transfer to the partner.”

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