What is the ruling on rent payment if the lessor evicts the lessee midway through the agreed term for a property lease?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the lessor prevents the lessee from completing the full term of occupancy, the lessor is not entitled to any of the rent, according to one view, because the lessor failed to deliver what was contracted for. This aligns with cases where one is hired to perform a service (like carrying a book partway or digging a portion of a well) and then stops. This analogizes lease to lease, which is preferred over analogy to sale.
Supporting text
The majority of jurists hold that the lessee owes rent for the period he actually occupied the property, as he benefited from another's right under a contract of exchange, thus incurring a charge for that use, similar to consuming part of sold goods before the full transfer.