Who is responsible to pay for general maintenance in a rented property?

Q: A person rents out a flat and signs a lease agreement wherein it is stated that the tenant will be liable for maintenance costs. However, in light of the shari ruling, who will be responsible to pay for general maintenance of the flat (not caused by misuse), like changing the bulbs, repairing a clogged pipe etc.?

A: The leased property and everything part of it is the ownership of the lessor. Hence, the maintenance of everything relating to the property itself should be borne by the lessor. However, things relating to the usage of the property (e.g. changing the globes or cleaning the drains, etc), then since these things are affected through the usage of the lessee, the lessee will be responsible for their maintenance.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)