Hiring, Renting, and Lease: Ruling on Validity of Agreement Allowing Tenant to Sell Sarqoflī if Unpaid

Practical Laws of Islam as per the teachings of Imam Khamenei

Hiring, Renting, and Lease: Ruling on Validity of Agreement Allowing Tenant to Sell Sarqoflī if Unpaid

English:

Question #1666:

A person leased property and paid, on top of the monthly rent, an amount as sarqoflī. The landlord and the tenant agreed that the former pays the latter the actual rate of sarqoflī on the day of vacating the property. Failure on the part of the landlord to comply would entitle the tenant to sell the sarqoflī to a third party. Is this agreement shar‘ī and, therefore, binding?

Answer #1666:

There is no harm in stipulating these conditions in the lease agreement. The landlord has to honor his undertaking. He has no right to object to selling of the sarqoflī, by the tenant, to a third party if he declined to buy back the right of sarqoflī from the tenant.

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