Question
The query is about a certain tenant who is renting out a shop.
This person is renting out a shop and on a monthly basis he pays the shop rent to the land lord on time . Since about two years, his business has gone down and to cover up a bit of the rental he is paying , he has thought of an idea that he would like to make a metal frame on the roof top of the shop and let some company advertise their product (e.g. a mobile phone company to advertise their products and services ). In another words he wants to erect a metal frame on top of the shop and let that other company use it like a bill board and advertise their products, and charge them a certain fee per month.
The questions which arise in this case are:
1) Will it be permissible for this person to do this?
2) Does he need the land Lords permission to do this?
3) Does the land lord have any right to refuse the tenant to do such?
4) If it is permissible, does the land lord have any right to claim half or full part of the rental for that advertisement bill board?
5) Will this fall under “sub-letting”?
NOTE: The tenant wants to do this ONLY to cover up a bit of the rental of the shop he is paying. He himself will make that frame for the bill board from his own expense.
Answer
1) It is permissible to sublet one’s premises with the proviso that the rental/s received (from subletting) do not exceed the rental that has been agreed upon or fixed between the lessee and the lessor. In other words, if the lessee is paying a rental of $1000.00, he cannot sublet part of the premises or even the entire premises for $2000.00. The maximum rental that he may sublet the premises for is $1000.00. In conclusion, the tenant may hire out the advertising space on condition that the income derived does not exceed his rental.
2) If the lease agreement does not restrict the tenant in any way whatsoever, in other words, if the lessee is afforded the freedom to utilize the premises as required (which includes subleasing it), then he may let it without the lessor’s consent. On the other hand, if the lease agreement restricts his usage then acquiring permission will be necessary. However, it is always safer for the lessee to consult with the lessor in all such matters, to avoid possible disputes from arising in the future.
3). The lessor reserves the right of restricting the tenant from erecting a bill board stand on the roof on the hired premises.
4) If the lessor consents to the lessee’s proposal of subletting the premises (or erecting the billboard stand in our scenario which will be hired out), then he (the lessor) will not be entitled to the rentals or even part rentals accrued from the leasing agreement between the sub lessor and sub lessee.
5) Yes, as explained above, this will fall under the category of subletting.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
المالك هو المتصرف في الاعيان المملوكة كيف شاء
(شرح المجلة مادة ۱۱۹)