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Does Death of Lessor Entitle Heirs to Rescind Rent Contract?

01 August, 2017
Q As-Salamu alaykum. Does a rent contract end by the death of the lessor, and is it permissible for the heirs to terminate it?

Answer

Wa `alaykum As-Salamu waRahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

The death of the lessor doesn’t affect the validity of the contract.

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Answering your question, the General Iftaa’ Department in Jordan, states the following:

A rent contract is among the binding contracts with a specific period of rental during which none of the contracting parties may terminate it, save with the approval of the other.

Accordingly, the death of the lessor does’nt affect the validity of the contract because the ownership of the rented property is transferred to his heirs, so the leassee may benefit from it in return for paying the agreed upon sum.

Ash-Shirbini, a Shafi`i scholar, said:

“The validity of a rent contract isn’t nullified by the death of the contracting parties, or one of them; rather, it continues until the specified period at which the rental ends, because it is as binding as a sale contract.”

 Accordingly, the afore-mentioned heirs don’t have the right to terminate the rent contract in question because the lessor passed away.

 Almighty Allah knows best.