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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a tenant remaining in the house without the landlord's consent

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Question : All contracts require consent.
but only [in lawful] business by mutual consentإِلَّا أَن تَكُونَ تِجَارَةً عَن تَرَاضٍ مِّنكُمْ
[An-Nisa 4:29]
If a person eats based on a sale, it is not valid and does not take effect, and the same applies to a lease. Accordingly, if the government imposed a specific number of years on the landlord, and the term expired, and the owner told the tenant to leave, but the tenant said, "No, I have a law that I will not leave," is it permissible for this tenant to remain without the landlord's consent?

Answer : There are no other countries now besides our country; in our country, praise be to Allah, a person is free, but in other countries, if a person leases a property, he does not get to leave like that. Do I understand? I don't know, my brothers? Okay. Yes, yes, because he owns it? He does not own it; it is a lease. How can he own it?
Because he owns it, he never leaves, but he does not, okay. So we tell the tenant: If you remain after the period set by the landlord has ended, you are a usurper, and your prayer in this house is not valid according to the opinion of many scholars, because one of the conditions for the validity of prayer is that it not be in a usurped place. So his prayer is not valid, and it is feared that if he dies in it, he will not be sealed with a good ending, because he is a usurper, and a usurper is sinful. So it is not permissible for you to remain. If you read the law, Article 53 of the law, yes, whoever leases a house, the tenant cannot be evicted except with the tenant's consent. What do we say? We say: Is this law a divine law? No. If you hit it against the wall, or put it in your shoes, the one who enacted this law will not benefit you on the Day of Resurrection if you are asked, "Why did you live in your brother's house after the war?" It will not help. The law does not make the forbidden permissible, nor does it make the permissible forbidden, ever, except what is in accordance with the Book and the Sunnah.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [3865] حكم بقاء المستأجر في المنزل بغير رضا المؤجر - تعليقات على الكافي لابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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