Housing a tenant with others in the house and taking rent from them
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Question:
What is the ruling on one who rented a house on an annual lease, and after a month, some individuals moved in with him, so he asked them for rent starting from the beginning of the contract, and he had previously stipulated with some of them that they pay the rent, and they accepted the stipulation?
Answer:
If a person rents a house and then allows another person or other people to live with him, provided that their presence does not harm the house, does not affect his living there, and does not contradict the worship of the servant, there is no harm in it. He is bound by his conditions. If he sets a known rent for them, there is no harm. If he says, “You can live with me for a month for such-and-such amount,” or “a month for one hundred,” or “a month for less or more,” he is housing them according to his conditions. However, this is on the condition that this housing does not harm the house. If a person rents a house for himself or his wife, and the business involves many other people, it may harm the house. In that case, he must consult the owner of the house; otherwise, he may not do it. This is because he did not rent it except to live in it with his wife, his guests, and his children. But if he houses many other people who may damage the ceilings, may damage the water pipes, or may cause things that harm the house, this is known by custom. If the new residents harm the house or the apartment, he has no right to do so except by consulting the owner of the house and obtaining his consent.
What is the ruling on one who rented a house on an annual lease, and after a month, some individuals moved in with him, so he asked them for rent starting from the beginning of the contract, and he had previously stipulated with some of them that they pay the rent, and they accepted the stipulation?
Answer:
If a person rents a house and then allows another person or other people to live with him, provided that their presence does not harm the house, does not affect his living there, and does not contradict the worship of the servant, there is no harm in it. He is bound by his conditions. If he sets a known rent for them, there is no harm. If he says, “You can live with me for a month for such-and-such amount,” or “a month for one hundred,” or “a month for less or more,” he is housing them according to his conditions. However, this is on the condition that this housing does not harm the house. If a person rents a house for himself or his wife, and the business involves many other people, it may harm the house. In that case, he must consult the owner of the house; otherwise, he may not do it. This is because he did not rent it except to live in it with his wife, his guests, and his children. But if he houses many other people who may damage the ceilings, may damage the water pipes, or may cause things that harm the house, this is known by custom. If the new residents harm the house or the apartment, he has no right to do so except by consulting the owner of the house and obtaining his consent.
Source
ندوات الجامع الكبير مع الأسئلة - 39 — archive.org (1:05:00)
The Arabic text is a machine transcription of the audio recording.
