Hiring, Renting, and Lease: Ruling on Tenant’s Rights After Landlord’s Death and Property Renovations
Practical Laws of Islam as per the teachings of Imam Khamenei
Hiring, Renting, and Lease: Ruling on Tenant’s Rights After Landlord’s Death and Property Renovations
English:
Question #1659:
I leased some property without paying a sarqoflī because it was not common practice in our town at the time of entering into the lease agreement. After the death of the landlord, the property reverted to his sons who have demanded that I vacate the property. During the period of the tenancy, I incurred some expenditure that arose from carrying out some work on the property such as rewiring and maintenance. There are many people indebted to me as a result of my business dealings with them. Do I have to respond positively to the request of the new owner and vacate the property without getting any thing in return? And should I have any right, how can I go about quantifying it?
Answer #1659:
After the expiry of lease contract you do not have any right to use the property nor to refuse to vacate the property and hand it over to the owner, who declined to renew the lease. However, matters like the landlord responding favourably to the request of renewing the lease, whether it is within his right to have vacant possession of the property and whether the tenant has to accede to his request are subject to the laws in force and the conditions laid down in the contract.
As for demanding some payment in return for vacating the property, you are not entitled to such money. This is because the established practice in the area at the time of leasing the property did not confer on you the right of demanding Sarqoflī for vacating the property and such right was not handed down from the landlord to you unless the law allows you to do so.
As regards the expenses you incurred as a result of carrying out certain works to the property, they are yours. Unless common view or the law sees that such things become part and parcel of the property either for free or with compensation paid to you.
-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Hiring, Renting, and Lease