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Landlord holding back deposit

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: I have recently moved out from a house and I’m having some problems with regards to receiving my deposit which I innitialy gave when I moved in. The situation is as follows: 14 days before the month could end I made my intention known to the landlord that I am looking to move out and 8 days before the month could end I confirmed that I’ll be moving out, however the landlord says that I gave a too short notice and she can’t return the deposit and I did not give much time for her to get another tenant and I did not give 1 months notice (keeping in mind that we have not renewed a lease). She will now only give me the deposit when she gets a new tenant. Please advice regarding the shar’ee point of view in this situation.

Bismillaah

A: It is not right for her to hold back the deposit after you have left the house.

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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