Hiring and Renting

Relative on property cutting off water supply from tenants

Q: There is a landlord that has a property. On it there are three homes. In the one main home is a close relative that stays. The other two are rented out. The relative does not pay for anything. At first, the landlord gave the administration duties to the relative but the relative could not manage it properly. 

The three homes are being fed by a single borehole for water (no municipal water) that is fed to three separate water tanks with three separate pipes to each homes. After excessive rains, the pressure pump got damaged and as a result the water pressure dropped considerably to the homes. The relative decided (while the pressure pump was attended to) to cut off one of the houses water supply so that they get a little more pressure in theirs. When the landlord came to know about it, he sent a message to them that they have no permission to do this. They ignored this message and went a step further to cut the other pipe as well and feed the main pipe to their home, resulting in that they have a little more water pressure so that they do not have a problem to shower. The landlord is in another province and is unable to attend to the problem personally. What should he do?

The one suggestion that was given is that because you are only charging rental to the two homes, the water issue is not your problem and they must sort it out themselves between the three of them and split all the costs, even the pressure pump. You were kind to supply good water pressure to their homes. If you go the extra mile you will be rewarded but there will be spiritual cost involved by being harsh with your relative. What is the Shariah way to deal with this?

Charging the tenant for the letter of demand due to his overdue account

Q: We have a property with several tenants from which we collect rental. Unfortunately, some tenants do not pay their rental on time and delay some times up to a few months in payment. 

We get an accountant to send a letter of demand to these tenants, which demands payment from them on their overdue accounts immediately, otherwise legal action will be taken. The accountant charges us R250 per letter - which is the market rate for such letters. 

Can we then charge this R250 to the tenant, as them not paying their account is the cause for us incurring this charge Please advise

Real estate agent taking agency fees

Q: I have two question regarding the agency fees for real estate.

1. Is the agency fees haraam for an agent if he shows numerous real estate properties to numerous clients and then one of the clients, rented or bought a property and the agent takes 10% or so amount of the property sold or half month or the rent for the commission of the agent? 

2. Is this agency fees is haraam for the client to pay to the agent?

Leasing out one’s premises to a liquor store or church

Q: I am a student of Deen and I noticed that in the Fiqhi Kitaabs, it is mentioned that the Mazhab of Imaam Abu Hanifah (rahimahullah) is that it is permissible to lease out one’s premises to a liquor store or church (or a bank). When this is the clear verdict of Imaam Abu Hanifah (rahimahullah), then why do we see some Ulama preventing people from this? 

Holding the tenant liable for occupying the premises after moving out

Q: I would like to know what is the ruling with regards to the following situation:

I have a flat which I let out. My tenant decided to move to another premises and gave me notice on the first of December for end of December. He paid rental for December already. 

I clearly told him that kindly return my flat to me in the same condition which I gave it to you. 

He said that we must do the repairs etc. and deduct it off the holding deposit which we have of his. We informed him that we are unable to repair the flat , because it is December and no one is around to work or supervise! 

The tenant moved out of the flat during December, however left one of his cars parked at the premises and also some goods of his still in the flat as well as he’s ac. He didn’t handover the keys to myself, however he did give one key to the caretaker. 

Fast forward to second of January, I’ve contacted him to remove he’s items and car And because of his items being in the flat and also being December and him not handing over the full set of keys to me, I was unable to repair and let out the flat to someone else. 

Should the tenant be liable to pay rent for January? As he only removed the balance of his items and handed over the keys to me in January and after I called him. And we are only able to do repairs to the flat now and let out for for February