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Selling items left behind by outgoing tenants

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: Is a landlord entitled to retain the proceeds from the sale of items/goods left abandoned by outgoing tenants both residential and commercial? In the event that a tenant had absconded owing the landlord rentals and other ancillary charges, is the landlord obliged to notify the tenant of the proceeds received and offset the amount received against the amount owed and only sue the tenant for the balance? Or is the landlord entitled to remain silent and sue the tenant for the full amount owed?

Bismillaah

A: It is not permissible for the landlord to sell their items that they have left behind.

It is better that he informs the tenant of what he has done.

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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