Rulings Related to Rental Issues

2-12-2025 | IslamWeb

Question:

As-salam alaikumI was renting a home in Canada. My landlord submitted an affidavit claiming that she needed the unit for her personal use, which forced me to leave. However, after I vacated, she rented it out to someone else.According to Canadian law, I am entitled to claim up to one year's rent as compensation in such cases of deception.Is it permissible for me to claim this compensation through the courts?Jazaakum Allaahu Khayran

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu 'alayhi wa sallam, is His slave and Messenger.

We cannot issue a fatwa for you regarding what you asked about—your entitlement to claim the mentioned compensation—because ruling and deciding in dispute cases belongs to the jurisdiction of the Sharīʿah courts or those who act on their behalf. This is because they are most capable of hearing from all parties to the dispute, understanding the true nature of the claims, evidences, and arguments, and then issuing a judgement based on that. As for the mufti, he only hears from one side, and his understanding of the matter will be limited to what the method of seeking a fatwa allows. Therefore, he cannot issue an accurate ruling in such cases. For this reason, we apologise for not answering this question, and we refer you to the Sharīʿah courts in your country.

What we can advise is that if it is established that you were truly wronged, and that you were removed from that residence without right and in violation of the terms of the agreed-upon contract, then you have the right to claim compensation through the Sharīʿah courts. However, if such courts are unavailable, then there is no harm in seeking what you are entitled to through the courts available in the country you live in.

Allah knows best.