Is it permissible, Islamically, for a tenant to stall vacating an apartment in order to benefit from the longest possible period under the old rental agreement, and is demanding compensation exceeding six months permissible?
The leased property, such as a building, remains the property of its owner, who has full rights to dispose of it, including its usufructs and increasing the rent upon the expiration of the contract. The tenant only has the right to benefit from it during the contract period. Monthly rental agreements (Mushahara), which do not specify a fixed duration, have been permitted by most scholars. Those who deemed them invalid mandated their termination, while those who considered them valid allowed either party to terminate them whenever they wished. Therefore, the building owner has the right to reclaim it whenever they desire. It is not permissible for the tenant to force the owner to obtain an eviction order, or to demand compensation, or to procrastinate in vacating the property.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 86214
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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