مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٦١٨ - MISCELLANEOUS PROBLEMS

ORDERS REGARDING KEY MONEY
Out of the common transactions one is that of Key money. which creates confusion and needs to be explained.
Basically key money which is connected with places of business is taken because the rent of the place of business increases day after day, but the lessor cannot eject the lessee from that place, nor can he increase the rent. And sometimes it so happens that a shop or a place d business remains in the possession of a tenant for years on the same initial rent and not even a dollar is added to itbecause the lessor can neither eject the tenant nor can he increase the rent, although similar places are leased out on rent which is many times as much as paid for thatplace.
٢٨٥٠. Such places of business are of three kinds. In one kind of these places it is unlawful to do business or to take key money without the permission andagreement of the owner. As regards the other two kinds it is permissible to take key money for the same and the criterion of its being permissible or otherwise is that whenthe lessor has the right to get the premises vacated and to increase the rent, but the tenant, relying on force. neither increases the rent nor vacates the premises, it isnot permissible to take key money for those premises and it is unlawful to work in them without the permission of the owner. And in, all those cases in which the owner of theproperty does not enjoy the right of increasing the rent or getting the premises vacated and the tenant is entitled to vacate the premises for some one else it is lawful totake key money and to work in those premises without the agreement of the owner. In the succeeding articles distinct examples of the three kinds will be given to make thematter clear.
٢٨٥١. If a property was leased out at a time when there was no question of key money, and the owner was entitled to get the premises vacated on the expiry of theperiod of lease, or to