Renting Out Rented Property: Islamic Ruling

Author: Saudi Fatwa Committee (Lajnah Al-Da'imah)

Can a Renter Sublet a Rented Property?​

A person who rents an item or property may sublet it to another person under the following conditions:

Permissible Subletting​

1. Duration of Lease:
   
   • The renter may sublet the property only for the remaining lease period. Subletting beyond the agreed rental term is not permissible, as it infringes on the owner's rights.
2. Rental Amount:
   
   • The renter may sublet the property:
     • At the same rent.
     • At a higher rent.
     • At a lower rent.
3. Owner's Rights:
   
   • The renter must ensure that the subletting does not violate the owner's conditions or cause damage to the property.

Conditions That Prohibit Subletting​

1. Explicit Prohibition by the Owner:
   
   • If the property owner specifies in the rental agreement that the renter cannot sublet the property or may sublet it only to specific individuals, the renter must adhere to these conditions.
2. Contractual Obligations:
   
   • Islam places great emphasis on fulfilling agreements. Allah says:
     "O you who have believed, fulfill [all] contracts."
     [Surah Al-Ma'idah (5:1)]
3. Preventing Harm or Loss:
   
   • If subletting causes harm or potential damage to the property or violates the terms agreed upon with the owner, it becomes impermissible.

Guiding Principles from Shariah​

1. Permissibility of Using Rented Property:
   
   • Once a person rents a property, they hold the right to utilize it and gain benefit during the agreed lease term. They may allow others to use the property during this period.
2. Adherence to Owner’s Conditions:
   
   • If the owner imposes specific conditions in the rental agreement, such as prohibiting subletting or limiting it to certain individuals, these conditions must be honored. The Prophet Muhammad (ﷺ) said:
     "The Muslims are bound by their conditions, except those that permit the unlawful or forbid the lawful."
     [Sunan Abu Dawood, Hadith 3594]

Conclusion​

• Permissible:
  
  • Subletting within the rental period at the same, higher, or lower rent, provided the owner has not prohibited it and no harm is caused.
• Prohibited:
  
  • Subletting beyond the lease term or against the owner's explicit conditions is impermissible.
• Contractual Compliance:
  
  • Both parties must respect the rental agreement and adhere to its terms as stipulated.