Question
Someone has rented out a property and in the rental agreement it says that the rent will increase by 3% from the second year. When the second year comes the landlord forgets it is 3% and instead tells the tenant that the rent will be increased by 5% according to the agreement. The tenant doesn't check the agreement and agrees to it and starts paying the rent with extra 5%. After some time the landlord going though the rental agreement sees that it is 3% and realises his mistake. What should the landlord do in this circumstance?
Answer
The 5% increase is valid. It was agreed on by the parties regardless of what appears in the lease agreement. Nevertheless, from the Islamic moral point of view it will be rewardable to refund the tenant and to adhere to the 3% initial agreement.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 06
- PDF page
- 9
Appears under THE 15th SHA’BAAN (approximate).