Issue 1072: There are certain conditions on which some property should be leased and also the way it should be used. Some of these are as follows:

1- The property must b specified

2- It must be possible to deliver the property.

3- The property must not be something capable of being consumed, depleted, or used up, such as bread and fruit.

4- The property must be legally permissible to use.

5- The period of the lease must be specified.

Issue 1073: It is permissible to give a tree on lease for the use of its fruit.

Issue 1074: There are four conditions on which one can use a rented property as follows:

1- The lease must be for a legal purpose. Therefore, the lease will not be valid if for instance, a store is leased out to be used as a bar or as a place for storing alcoholic beverages, or if an animal is rented out for carrying wine.

2- Paying for the rented property should not be deemed futile by others.

3- If the property which is being leased out can be put into various uses, then the use which should be made by the lessee must be specified; for instance, if an animal, which can be used for both riding and carrying things is leased out, it should be specified at the time of concluding the contract, whether the lessee my use it for riding, or for carrying things, or for all possible purposes.

4- The period of the lease must be specified; however, it will also suffice if the period is not specified while the course of action is; for instance, one may arrange with a dress-maker to make a specified dress in a special way.

Issue 1075: When the period of a lease of premises expires, it is illegal for the tenant to stay there longer without the permission of the owner, and the premises must be quit immediately in case of the owner’s disagreement, otherwise they will be deemed a usurper and responsible for the premises and the payment of the actual rent and legally have no rights over them, whether the period of the lease is short or long, and whether their stay has led to the rise of the value of the premises or not, and whether quitting the premises would lead to the collapse or loss of their business or not, unless there are some conditions as integral parts of the lease contract.

Q1076: A lessor has signed a lease contract while being ill and not able to hear the clauses of the contract; nor have others recited the contract to them; while the previous lease had been concluded for a one-year period, the current was signed as a two-year lease. Is it possible for the lessor -now that they have recovered- to claim on the period of the lease or to increase the rent after one year?

A: If the lessor has been sane and in their senses while signing the lease contract, their signature will be legally binding and the contract must be executed.

Q1077: What will the verdict be if a lessee does not quit the rented premises after the lease contract has been expired, regarding the fact that based on the current civil law of the Islamic system, if the lessor does not personally need the premises, rights will be given to the lessee, even if the lessor disagrees and does not consent to it?

A: When the period of the lease is expired, the lessee has to quit the rented premises and if they stay there longer, it will be deemed forcible possession of the property; however, particular rules and conventions must be obeyed if they conform to the Shari’ah rules.

Q1078: I share 50% of the ownership of a car with a person, and pay 13000 tomans a month as the rent for the other share to my partner, on condition that they do not get involved in the earnings from and expenditure for the car. One month before the cancellation of the contract, I bought a set of tires and we will not be allocated a quota on car tires for one year. Should I share the profit made on selling the tires with my partner?

A: If based on the contract, the lessee can benefit from these kinds of profits, and it is also deemed right in the view of other car owners and car renters, the purchased tires which have been purchased with the lessee’s money, and of which the lessee has taken delivery before the cancellation of the contract, will be the lessee’s; otherwise, they will have to share the profit.

Q1079: The rent payable for a house is 20,000 tomans monthly, but if the lessee pays a deposit to the lessor, the rent will reduce by 50 percent. Is such a lease valid?

A: Paying a refundable deposit on a house for which the owner of the house may be in need, or as a backing fund for the rent, or for any other purpose, such that the owner agrees to reduce the rent to an amount less than the common rent, is permissible; Also excessive demands in return for the deposits given to the lessor such as demanding substantial reduction on the rent payable for a house will be permissible if they do not lead to economic depression, owner’s bankruptcy, things commonly taken as evil and void, and oppression of the owner.

Q1080: Once I paid for the good will of a store to the owner and also paid considerable costs for the supply of water, power, gas, pavement tiles, business license, etc; but after more than ten years, the heirs have claimed on the property. Who is legally considered as the owner? If it is their right to take possession of it, then should they pay me back for the goodwill based on the common current rate?

A: Since paying for the goodwill is commonly taken as buying the right to mange and possess the store, neither the owner nor their heirs have the right to transfer the store to anyone else, or to take possession of it themselves, and they cannot evict the lessee without their consent. If the lessee is to leave the store, the rent and the goodwill must be paid based on the common rate and the specified clauses of the contract.