Message No : 15Sr.No : 144/725
Question By : nilofer


If anyone has stayed in a rented house for than 50yrs
& now decides to take another flat elsewhere whether on salaami or ownership or isleaving the city, then can one take the money on leaving from the landlord which is called salaami? Is it halal or haraam?
If the tenant has spent a lot on repairs & renovation of the flat then should he take only what is spent? Please advice.

 

Reply By : Muhammadullah Muhammad Khalili Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful

Dear Sister in Islam

Assalamu Alaikum

The answer to your question is as follows:

First of all, if the term Salaami, which you used in the question above, means deposit or security money that is generally taken from a tenant and is returned back to the tenant when he/she leaves the house. Here in your question, it is not clear whether the tenant who is leaving the rented house had given Salaami (deposit or security money) when he rented the house. So, if he had given some deposit before the deal he can take the deposit amount back since it is his own. But, if he had not given any thing as deposit or security money then it is unlawful for him to take even a single pie.

If the tenant has spent some money on repair or renovation of the house and the renter is wholeheartedly ready to give the repair expenses the tenant can take it otherwise it is not lawful to him to take. (Fatawa Rahimiyah, V 6, P. 154-5, Question No. 1742)

Allah knows the best

Answered by:
Muhammadullah Muhammad Khalili Qasmi

Certified by:
Mohd. Shihabuddin Qasmi

Markazul Maarif
Education & research Centre, Mumbai

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