You must pay the landlord for the period of your stay in his house
3-5-2012 | IslamWeb
Question:
Asalamu alaikum, My husband's friend(R) told him we should rent one of his friend's (M) brother's house (A), so they can be near each other. The house has two apartments. They don't really know the owner (A) very much, but they're friends with his brother(M), so they agree. The rent was $400 and gas/electricity, phone, etc is on us. The owner's furniture was in the house as well. Well, after we moved in, the owner tells us we can't use the address of the house for government assistance because of some reason. So, we decided to move out as soon as possible. And we moved into anything just so we can get out of that house from the problems. We wasted money and troubled ourselves. My husband didn't pay for rent because he says the man didn't tell us anything about this before we moved in. Now he says he'll only give him $250 and the rest is for us because he troubled us and we spent money on moving. His friend (R) gave the onwer around $700 dollars and he(A) and his brother (M) now both won't speak to (R) because they said he's the one who brought my husband in the house and why won't he pay. So, should we pay him the $700 or should we subtract the money wasted from the rent and give him the rest? We only stayed in the house for 1 month and 1 week
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
It is not permissible for your husband to refrain from paying the landlord the rent that is due for the period that you resided in his house and he should not deduct from the rent the expenses of moving or looking for another house.
Besides, if the amount paid by your husband’s friend is the amount you owe to the landlord and he did not pay it with the intention of donation, then he has the right to ask your husband to pay him back the money and your husband is obliged to pay him.
Indeed, it is not permissible for you to deduct from the rent the expenses of moving to the other house.
On the other hand, it is permissible for you to invalidate the rent contract of the house with the landlord because of the harm caused by him due to him preventing the government assistance from reaching you, but you are obliged to pay him for the period that you resided in the house.
Allaah Knows best.