Tenants Damaging Common Property

Question

If a common gate lock is found broken on numerous occasions and no tenant takes resposibility, can we charge all of them for the new lock?

Answer

If the damage was caused to the common gate lock by a particular tenant that accepts responsibility or he was caught red handed then he will be held responsible. If the case of the perpetrator not been known, all the tenants cannot be penalised by distributing the expense of repairs/ replacement of a new lock on all the tenants.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

لو اتلف احد مال الاخر او نقص قيمته تسببا يعنى لو كان فعله سببا مفضيا لتلف مال او نقصان قيمته يكون ضامنا
(شرح المجلة مادة ٩٢٢ ) 

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