Taking Back Rental Property

By Mufti Ebrahim Desai
Posted: 22 Rajab 1423, 29 September 2002

Q.) I'm a brother from Mauritius & I would like to ask you a question:

I have a building which I rent to a Muslim man. Now I want to use this building for my own business, but he doesn't want to give me the building back. So can you please give me the Islamic view point of this so that I can explain to him and he can be influenced to give me my building back? Also, what is the consequence for him in the Hereafter if he doesn't give me my building back? [Mustafa]

A.) If there is a lease agreement between you and your tenant, you have to abide by it. It is not permissible for you to go against the lease agreement. Allah Ta'ala says, 'And fulfill your promises.'

You may take back your building only upon the expiry of the lease agreement or alternatively, your tenant relinquishes his right over the agreement. If there was no agreement, you may serve your tenant with notice to leave your building.

And Allah Ta'ala Knows Best