Ruling on having a tenant vacate the property in order to live the landlord in it. t.

Financial Transactions,Rent,Ruling on having a tenant vacate the property in order to live the landlord in it. t.

Fatwa No :
82080
| Date :
0000-00-00
معاملات / مالی معاوضات / اجرت و کرایہ داری

Ruling on having a tenant vacate the property in order to live the landlord in it. t.

Mufti Sahib, Assalamu Alaikum wa Rahmatullahi wa Barakatuh!
We have a flat in Karachi, while we ourselves live in Jeddah. Previously, we did not rent out the flat—it remained closed for about eight to nine years. However, people used to occasionally visit it. During that time, some people started saying that the flat was haunted ("there's a presence/shadow in the house").
Later, our brother rented out the flat. The tenant also claimed there was a presence in the flat and vacated it. Then it was rented out again. The current tenant is the sister of my brother’s friend. She has been living there for two years now, and no such presence has been seen or experienced.
Now, we want to return to Pakistan and live in our own flat, but the tenant does not want to vacate it. Kindly advise, in light of the Qur'an, whether we are allowed to live in our own house?
My name is Zahida Qazi, and the flat is in my name. It is located in Afghan Plaza, and its number is G-14. I have two children.

الجوابُ حامِدا ًو مُصلیِّا ً

It is undoubtedly permissible and completely valid to have the tenant vacate the property and reside in it yourself.
Now, if the tenant refuses to vacate the property and unnecessarily delays or makes excuses, you may, through mutual understanding, allow them to stay for a little longer.
However, after that, you have the right to have your property vacated through legal action as well.

مأخَذُ الفَتوی

کما فی تنزیل العزیز: یاایھا الذین آمنوا لاتاکلوا اموالکم بینکم بالباطل الا ان تکون تجارۃ عن تراض منکم۔(النساء:29)۔
وفی سنن الدار قطنی: عن انس بن مالك ان رسول اللہ ﷺ قال: لایحل مال امری مسلم الا بطیب نفس منہ(3/424)۔
وفی سنن البیھقی: عن سعید بن زید مرفوعاً: من اخذ شبرا من الارض یعنی ظلما طوقہ الیٰ سبع ارضین (6/163)۔

And Allah knows best
Darulifta Jamia Binoria Aalamia

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