It is not right to sublet a shop at a higher rent than that for which it was taken

Question

Question: Zayd had a shop on rent. Twenty years ago he made Hamid his sub-tenant and used to collect from Hamid as rent somewhat more than the rent he himself paid to the owner of the shop. After a considerable time he told Hamid to vacate the shop. Since Hamid’s business was running in that shop, he pleaded his inability to vacate the shop.

Answer

The Shar‘i ruling is this: at whatever rent the shop was taken from the owner, at that same rent there is the right to let it to another person; taking rent in excess of that is not correct. Hence the excess amount that Zayd took from his sub-tenant Hamid was taken wrongfully, and returning it is necessary.

Source: Fatawa Mahmudiyya

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