Q: A deposit of R4800 was given when a one year lease was signed. About three months after that, the lock on the sliding door was broken on a Saturday night, a locksmith was called and a quotation was given of R3070 to replace the lock because the locksmith did not have the correct lock with him, he only opened the broken lock, I was told only the next morning what happened, I suggested that a separate lock must be used on the front gate to secure the place and R3070 is much to spend on the replacing the broken lock. Now after 6 months the tenant decides to move out, from the R4800 deposit, R2800 was for commission for getting a new tenant, (this was in the lease agreement). I informed the tenant I will replace the broken lock. The total cost of it was R1000. The tenant was willing to pay the R3070 initially, must I reimburse the tenant the R1000 or must I claim the R2070 from them.
A: In regard to leasing out a premises is concerned, then the law of Shariah is that if a deposit is taken from the tenant, then upon the termination of the lease period, the deposit should be returned to the tenant. However, if the tenant had damaged the property during his stay, then in this case the landlord has the right to hold back that amount of the deposit to the value of the damages caused by the tenant. Apart from this amount, it is not permissible for the landlord to hold back any other amount.
Hence, if the tenant was responsible for breaking the lock, then it will be permissible for you to deduct the amount it costed you to repair the broken lock (R1000).
The commission for getting a new tenant cannot be deducted from the deposit amount (even though this was stipulated and agreed upon in the lease contract), as the commission charged for getting a new tenant is to the benefit of the landlord and not to the benefit of the tenant.
And Allah Ta'ala (الله تعالى) knows best.
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