Including impermissible clauses in a lease agreement to deter tenants from delaying payment
Q: Due to tenants not paying rental on time, we intend putting a clause to deter tenants from delaying payment. Please advise if it is permissible to include the following clauses in a lease agreement.
NB: We only intend using one of the 2 clauses in each lease.
1. Failure to pay monthly rental by the due date will result in the premises being locked by the lessor. The lessor will only unlock the premises once all arrear rentals are fully paid. The lessee will be charged for expenses incurred in having the premises locked and unlocked.
2. Failure to pay rental by the due date will result in immediate termination of lease. The lessee will be liable for a daily rental of R1000 until the premises has been vacated or a new lease has been agreed upon. (The amount for daily rental we intend using here will be significantly higher than the [proportionate daily] amount the tenant is being charged accordingly to the lease which has a monthly rental amount.)
A: Fining the tenant in the way explained is not permissible. If you wish you can terminate the lease at the end of the month and commence a new lease with him only once he pays the previous month/months rent.
And Allah Ta'ala (الله تعالى) knows best.
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