Is the owner of a house obligated, if he rents it out and then wants to sell it afterwards, to sell it only after obtaining the tenant's permission? What is the ruling if he sells it without his permission?
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The questioner : May Allah reward you. The questioner asks: Is the owner of a house obligated, if he rents it out and then wants to sell it afterwards, to sell it only after obtaining the tenant's permission? What is the ruling if he sells it without his permission?
The Shaykh : Yes. The question is clear: A man has a house that he rented out for two years, and he sold it after one year of the rental period. Is he obligated to seek the tenant's permission, or is he not obligated?
He is not obligated. He is not obligated to seek the tenant's permission, because the house belongs to whom? It belongs to the seller, not to the tenant. He is not obligated to notify the tenant. But what about the rent? Does the rent for the second year belong to the seller or to the buyer? It belongs to the buyer, because it entered his ownership from the time of the contract, unless the seller stipulated that it belongs to him, in which case it belongs to the seller. Yes.
The Shaykh : Yes. The question is clear: A man has a house that he rented out for two years, and he sold it after one year of the rental period. Is he obligated to seek the tenant's permission, or is he not obligated?
He is not obligated. He is not obligated to seek the tenant's permission, because the house belongs to whom? It belongs to the seller, not to the tenant. He is not obligated to notify the tenant. But what about the rent? Does the rent for the second year belong to the seller or to the buyer? It belongs to the buyer, because it entered his ownership from the time of the contract, unless the seller stipulated that it belongs to him, in which case it belongs to the seller. Yes.