A tenant laying down conditions by paying key money

Question

Question: Before a shop is let on rent, the owner of the shop is given some money separately because the shop is well located; this is called key money for the tenancy right. After that the owner of the shop no longer has the right to take back his shop whenever he wishes — he only has the right to receive the rent; to the point that it is then let to another as well in the same manner, by taking a separate sum.

Answer

This method is wrong according to the Shariʿa — that the owner becomes powerless while the tenant’s dispositions alone remain always in force. Giving key money and stipulating that the tenant will not vacate (the shop), but will let it to whomever he pleases and collect from him whatever rent he pleases, is contrary to the requirement of the contract (muqtada al-ʿaqd)

Source: Fatawa Mahmudiyya

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