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Landlord asking the tenant relocate

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: People involved in the case – The Landlord, Tenant 1 and Tenant 2.

In 1996, a shop was transferred to tenant 2 from tenant 1 with the approval of the Landlord. The Landlord didn’t have any problem as he was concerned for his monthly rent. The tenant 2 as per the business deal, and as per the local business custom, gave Tenant 1 an amount of Rs 40000, again with the approval of the Landlord, to vacate the space of the shop. Now, after 19 years the Landlord demanded a sum of 3 lac from tenant 2 or made the offer to vacate the shop and leave it. The landlord wishes to give the shop to someone else from where he can get 3 lac or so and then also the monthly rent.

1. Is it legitimate for the Tenant 2 to vacate the shop considering the sudden demands of the landlords?

2. How proper is the demand of 3 lac or any some of money by the landlord in between?

3. Even if the shop is vacated how much money should tenant 2 demand, considering he was demanded a sum of Rs 40000 in 1996 that he gave?

4. Who should give that demanded sum of money to the tenant 2 – landlord or the tenant 3?

Bismillaah

A: The landlord has got the right to ask him to relocate provided there was no lease agreement in place, but he does not have the right to demand 3 lac.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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