The Death of the Tenant and Its Effect on the House Lease Contract
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A person rented a house for his family, and before they moved in, the tenant passed away. Does the contract become void? And if they lived there for a known period and then the tenant died, and his family said to the owner, "We will give you the rent for the time that has passed and we will leave the house," is the owner required to accept?
Answer:
The rent remains in effect even if the tenant dies; it remains until the period is completed. It does not terminate unless they reach an agreement. If they agree among themselves, there is no harm. However, if they do not agree, the lease remains in effect until the period ends. The heirs can, if they no longer need the house, sublet it for the remainder of the period.
He says: Honorable Shaykh, may Allah grant you success. A person rented a house for his family, and before they moved in, the tenant passed away. Does the contract become void? And if they lived there for a known period and then the tenant died, and his family said to the owner, "We will give you the rent for the time that has passed and we will leave the house," is the owner required to accept?
Answer:
The rent remains in effect even if the tenant dies; it remains until the period is completed. It does not terminate unless they reach an agreement. If they agree among themselves, there is no harm. However, if they do not agree, the lease remains in effect until the period ends. The heirs can, if they no longer need the house, sublet it for the remainder of the period.
Source
شرح زاد المستقنع [53] — alfawzan.live (1:28:26)
The Arabic text is a machine transcription of the audio recording.