Hiring, Renting, and Lease: Ruling on Landlord’s Right of Disposal After Accepting Rent and Waiving Cancellation

Practical Laws of Islam as per the teachings of Imam Khamenei

Hiring, Renting, and Lease: Ruling on Landlord’s Right of Disposal After Accepting Rent and Waiving Cancellation

English:

Question #1637:

I bought a four-year lease of a plot of arable land alongside a share of the irrigation water. The landlord and I agreed that he has the right to cancel the contract at the beginning of the second year. However, the landlord did not exercise this right and received the rent for the third year, giving me a receipt for that. Is it permissible for the landlord or another party, who claims to be the new owner, to have the right of disposal in the leased property before the expiry date?

Answer #1637:

Since the landlord did not cancel the contract at the time when it was within his right to do so, it is not permissible for him to cancel the agreement. If he sold the property to another person after the period, when he was supposed to exercise the right of revocation, this does not render the contract void. Indeed, the new landlord should wait until the expiry of the contract period.

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