When Can a Landlord Evict a Tenant According to Sacred Law?
Answered By Shaykh Dr. Muhammad Fayez Awad
Question
When is it permissible for a landlord to evict a tenant? Are there any conditions for this matter?
Answer
In the name of Allah, the Most Gracious, the Most Merciful.
All praise is due to Allah, Lord of all worlds. Peace and blessings be upon the Messenger sent as a mercy to the worlds, our Master and Prophet, Muhammad, and his Family and Companions.
The Rental Contract (Ijara)
The rental contract (ijara) is a binding contract, meaning that it must be honored according to the terms agreed upon by both the landlord (lessor) and the tenant (lessee). ‘Imrani states: “When the rental contract is completed, it becomes binding, and neither party has the right to annul it without a defect being found… Our proof is that this is a pure contract of compensation binding on one party, and therefore, it is also binding on the other, similar to a sales contract.” [‘Imrani, al-Bayan fi Madhhab al-Imam al-Shafi‘i]
In the book “al-Fiqh al-Manhaji” it is mentioned: “Once the rental contract is concluded with all its pillars and conditions met, it becomes valid and takes legal effect immediately, which includes:
– Establishing the tenant’s right to the benefit of the leased property and their entitlement to use and utilize it.
– Establishing the landlord’s right to the rent, which is the value of the benefit the tenant is entitled to from the time of the contract…”
Anas Ibn Malik (Allah be pleased with him) narrated that the Messenger of Allah (Allah bless him and give him peace) said: “The Muslims are bound by their conditions, as long as they are in accordance with the truth.” [Daraqutni]
In a narration by Abu Dawud, the Prophet (Allah bless him and give him peace) said: “The Muslims are bound by their conditions.”
This implies that fulfilling the conditions of a contract is obligatory, whether it is a rental contract or any other type of contract.
Accordingly, a landlord is permitted to evict a tenant under certain circumstances, in accordance with the terms of the rental contract. These cases include:
End of the Agreed-Upon Contract Period
If the duration of the rental contract agreed upon by both parties expires, the landlord has the right to evict the tenant, provided that the contract clearly specifies the period and that the tenant is given sufficient notice in accordance with the agreement, to avoid causing undue harm.
Violation of the Contract Terms
If the tenant fails to meet the contract’s terms, such as by not paying rent, damaging the property, or using it in an unlawful or contractually prohibited way, the landlord has the right to seek eviction. The contract must clearly address these issues, and the terms agreed upon by both parties should be followed. Additionally, local customs and the laws of the country play a significant role in such matters.
In these cases, the landlord has the right to request the tenant’s eviction. However, local customs and national laws must be observed to maintain order in people’s affairs and to prevent injustice and harm.
And Allah knows best.
[Shaykh] Dr. Muhammad Fayez Awad
Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.
He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.
He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.
Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd
