Hiring, Renting, and Lease: Ruling on Tenant’s Right to Remain Until Sarqoflī Payment and the Legitimacy of Earned Income

Practical Laws of Islam as per the teachings of Imam Khamenei

Hiring, Renting, and Lease: Ruling on Tenant’s Right to Remain Until Sarqoflī Payment and the Legitimacy of Earned Income

English:

Question #1664:

In case the tenant has the right to demand the payment of sarqoflī for vacating the property by both the law and in the common view, but the landlord refuses him such payment, what is the ruling in the matter of the tenant staying in the property without the agreement of the landlord until he receives sarqoflī? On the assumption that the tenant is not justified in remaining in the property and his action does, therefore, amount to usurpation, would the income of the business he generates on the premises be deemed ḥalāl?

Answer #1664:

Unless it is stipulated in the contract that tenant vacates the property only if sarqoflī is paid, the mere right to sarqoflī does not allow the tenant to use property after the expiry date. Anyhow any thing gained as a result of business there is ruled ḥalāl.

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