Landlord holding back deposit
Question
I have recently moved out from a house and I'm having some problems with regards to receiving my deposit which I innitialy gave when I moved in. The situation is as follows: 14 days before the month could end I made my intention known to the landlord that I am looking to move out and 8 days before the month could end I confirmed that I'll be moving out, however the landlord says that I gave a too short notice and she can't return the deposit and I did not give much time for her to get another tenant and I did not give 1 months notice (keeping in mind that we have not renewed a lease). She will now only give me the deposit when she gets a new tenant. Please advice regarding the shar'ee point of view in this situation.
Answer
It is not right for her to hold back the deposit after you have left the house.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/20090
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-20090
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“Initially, the deposit is a trust (امانة) in the possession of the landlord; therefore, he is not permitted to use it. However, due to common practice and custom (عرف), the landlord uses it with the implicit (دلالة) permission…”
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