Hiring and Renting

Lease agreements

Q: Please advise on lease agreements:

1. Is it necessary for a formal lease agreement contract to be in conformity with the Shariah? I understand that any faasid, baatil, or haraam conditions made compulsory by the Government will be excused.

2. Also, is it possible that on account of a lease agreement with faasid, baatil, or haraam conditions, the rent the lessor receives will be haraam money?

Avoiding disputes

Q: I have rented a flat for my family in Dubai. But now my family has moved to USA So now I want my flat to sublet someone interested. As per the original contract letter, it has been clearly mentioned that I cannot sublet my rented flat to anyone else under any circumstances. So Please let me know that if I sublet my flat to anyone else without informing or taking permission from the original flat owner; would I be considered a Munafiq?

Charging the tenant a fixed rent

Q: Is it permissible to include in a lease agreement with a commercial tenant that they will be responsible for the following:

1) Monthly municipal rates which will be billed by the Municipality to the landlord. These charges will be passed on to the tenant.

2) If at any time during the lease agreement there are any increases by the municipality in rates, the tenant will also be liable for such increase.

Sharing a hotel room

Q: A hotel lets out its rooms on a per person charge basis. Zaid books a room for three nights on the basis of one person staying and accordingly only pays for one person. Later, he decides to share the room with his brother, Amr. Zaid claims that he is entitled to the use of any amount of water, lights etc. when he paid for one person, so sharing the use of these facilities with Amr is in actual fact an extension of the benefits that Zaid is entitled to. Is it permissible for Zaid to do this?