A man paid a year's rent but only lived there for ten months. Is it permissible for the owner to keep the full rent, or must he return the rent for two months?

The questioner : Some people take house rent on an annual basis. One man paid a year's rent but only lived there for ten months. Is it permissible for the owner to keep the full rent, or must he return the rent for two months?

The Shaykh : Do you mean that the tenant did not complete the year?

The questioner : He did not complete the year, and the rent contract is annual.

The Shaykh : If the contract is annual, then the believers are bound by their conditions. It is permissible for him to do so, meaning it is lawful for him. However, here, as we say in many matters similar to this issue, there is taqwa (mindfulness of Allah) and there is a fatwa (scholarly legal ruling). I have not heard the fatwa, but regarding taqwa, he should return the remaining rent for which the tenant did not benefit. Here is another point: if the landlord rents the place for the months in which the first tenant did not benefit, it means he took the rent twice. In this case, it is not permissible for him. Is that clear?

The questioner : It is clear. May Allah reward you with good. Now, Shaykh

The Shaykh : And you as well.

The questioner : Another question