Paying rentals during the lockdown period

Question:-

During the lockdown period most businesses were not permitted to trade with the exception of certain stores which sold basic essentials. In such a case, will shopkeepers still be required to pay their monthly rental even though they weren’t able to trade?

Answer:-

If a person hired a business premises to trade but endured a loss in the business, he is still liable to pay the rental and cannot withhold payment, unless the landlord voluntarily absolves him of his obligation.

من استأجر حانوتا وقبضه ثم عرض للبيع والشراء كساد ليس له أن يمتنع عن إعطاء كراء تلك المدة بقوله إن الصنعة ما راجت والدكان بقي مسدودا  )المجلّة ص91 مادة 479)

Based on the above Mas’ala, one will not be able to withhold rentals in spite of not being able to trade during the lockdown period. However, we advise landlords to be lenient towards their tenants (and partially, or fully waive rentals if possible) particularly if tenants have been loyal to the landlord over the years.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 29 Jumad-al-Ula 1443 / 03 January 2022