A Loan from a Tenant and the Condition of Not Vacating the House

Question

The gist of the question is that, regarding a house, they want to take some sum as a loan (qard) from the person taking the house on rent, and the tenant makes the condition: “As long as we wish to live here, do not make us vacate and do not raise the rent.” What is the status of this condition? In fact, the owners of the house are debtors of the previous tenant, and that tenant, on vacating the house, is demanding his loan.

Answer

Taking a loan in this way and settling the matter with the previous tenant is correct, but the condition should not be made: “As long as we wish to live here, we will not vacate the house.” Another way of repaying the debt is also this: take a sum from the new tenant as advance rent and repay the debt, and then that sum will go on being counted against the rent.

Source: Fatawa Mahmudiyya

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