We have a tenant in our Mulgi (shop) from the last 40 years. We often do the agreement for every 5 years. Previously we made the agreement in the year 2005, for which his term will come to an end in 2010. In between our property came into litigation. As one party have paid only the advance for the property and not yet registered it. Till now we are only the owner. We asked the tenant to vacate the property; he refused to do and told us that I am the rent to the party who has done the agreement of the property. My questions are: (1) whatever the duration a tenant occupies the shop or house, does he have any right on the property. (2) Is he correct in paying the rent to other party and not vacating the property even after the completion of agreement? I request to kindly answer.
Answer:
(Fatwa: 111/114/N=1433)
It is not lawful to force the tenant to vacate the property against his will without a Shariah excuse till the term of contract is over. But after the time is over the tenant has no right, and the owner of the property (renter) can force the tenant to vacate the property.
(2) When the time of rental contract is over then on the demand of the owner of shop or house it is wajib on the tenant to vacate the shop or house. Hence in the question mentioned above, your tenant is not right to refuse vacating the property after the contract term was over.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband