The Ruling on the Payment for Vacating a Premises
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Fatwa No. ( 5157 )
Q: What is your opinion, may Allah have mercy on you, regarding one who takes or gives a sum of money in exchange for leasing a shop, apartment, or exhibition hall, where this sum is not
the rent specified in the contract, and is known in the custom of people today as: the payment for vacating the premises, or the key money, where some consider this to be taking people's wealth unjustly. Please inform us, may Allah have mercy on you, knowing that this issue is common in markets today, and the price paid varies according to the importance of the location, its income, and the frequency of customers visiting it.
A: If a person leases a house, apartment, or exhibition hall, for example, for a period, and time remains of that period, it is permissible for him to lease it to another for the remainder of that period, for a small or large amount, without oppression. However, if his lease period has ended, he has no right to lease that house, apartment, or exhibition hall, for example, to anyone except with the consent of the owner. Otherwise, what he takes of the rent is forbidden, whether it is small or large. This is because the benefits of the house after the end of the lease period are the right of the owner of the property, so the disposal of it by another without his consent is an encroachment on his right, and thus it is prohibited, and the gain from it is consuming wealth unjustly.
Q: What is your opinion, may Allah have mercy on you, regarding one who takes or gives a sum of money in exchange for leasing a shop, apartment, or exhibition hall, where this sum is not
the rent specified in the contract, and is known in the custom of people today as: the payment for vacating the premises, or the key money, where some consider this to be taking people's wealth unjustly. Please inform us, may Allah have mercy on you, knowing that this issue is common in markets today, and the price paid varies according to the importance of the location, its income, and the frequency of customers visiting it.
A: If a person leases a house, apartment, or exhibition hall, for example, for a period, and time remains of that period, it is permissible for him to lease it to another for the remainder of that period, for a small or large amount, without oppression. However, if his lease period has ended, he has no right to lease that house, apartment, or exhibition hall, for example, to anyone except with the consent of the owner. Otherwise, what he takes of the rent is forbidden, whether it is small or large. This is because the benefits of the house after the end of the lease period are the right of the owner of the property, so the disposal of it by another without his consent is an encroachment on his right, and thus it is prohibited, and the gain from it is consuming wealth unjustly.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.