Darul Ifta, Darul Uloom Azaadville

Can a landlord collect rental in advance?

Published as Collecting Rental In Advance

· 28 Safar 1444 AH1 min readEnglish

Question

Can a landlord collect rental in advance? Can we compel the tenant to pay by the 7th of every month?

Answer

We assume that the landlord and the tenant have entered a leasing contract or agreement which stipulates the final date of payment for rentals. If both parties have agreed that the final date of payment will be the 7th of every month then the tenant should comply and pay accordingly. Yes,

landlord can compel them to pay the rental by the 7th of every month when it has been stipulated in the lease agreement.

Similarly, landlord is also entitled to collect rental in advance if such an arrangement was agreed upon by both parties when letting out the premises.

References (Arabic / Urdu sources)

يعتبر ويراعى كل اشترط العاقدان فى تعجيل الاجرة وتاجيلها

(مادة ٤٧٣ مجلة)

تلزم اجرة بشرط التعجيل يعنى لو شرط ان تكون الاجرة معجلة

(مادة ٤٦٨ مجلة)

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/collecting-rental-in-advance/17792/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-17792

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