Who has the right to the amount of commercial shop rent paid in advance before the sale of the building, the seller or the buyer, and what is the legitimate ruling on this issue?
The rent of a leased property, when sold, belongs to the seller unless otherwise agreed upon. If the buyer is unaware that the property is leased, he has the option to either annul the contract or uphold it. If he was aware but assumed that the rent was his right, he also has the option to annul the contract. The three scenarios for the rent of a leased property are: agreement that it belongs to the seller, agreement that it belongs to the buyer, or no agreement, in which case the rent belongs to the seller if the buyer was informed; otherwise, the buyer has the option. It is permissible to sell a leased asset, and the buyer owns it with its usufruct suspended until the end of the lease period.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 91120
- 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.
- Read the full ruling
- Read the full answer on Ftawy