Who is responsible for damages to a rented house?

Q: A brother and sister had two parents living in city A. At 16, the sister left and moved to South Africa where she ended up living, eventually getting married, having children and owning a business. Alhumdulillah, very successful. The brother stayed in city A, and ended up staying and living with his parents, until they were old and both died. Both parents had very bad health issues, were disabled, and it was a very challenging last few years. He is a teacher and recently married very late in life. The inheritance of both parents were equally divided to both children, while they were alive to, 1 house each. While the mother was alive the rental income from the daughters house was her income, while they lived in the son's house. After the parents death, the tenants of the daughters house were removed because of no rent payment. The house was in complete disarray and broken and dirty inside. Now, we are trying to determine who pays for the damages? There is no money left from estate.

A: Whoever the house belongs to, he is responsible.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)