What is the ruling regarding an increase in rent during subleasing when the lessee has not made any improvements to the property?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the lessee makes no addition or improvement to the property, it is not permissible for him to charge an increased rent upon subleasing, and if he does so, he must give the excess amount in charity. This is related to the opinion held by Al-Thawri and Abu Hanifah.

Supporting text

A third narration from Ahmad holds that an increase in rent is permissible only if the owner has explicitly authorized the increase; otherwise, it is not permitted.