مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٦١٩ - MISCELLANEOUS PROBLEMS
increase the rent. and it was also necessary for the tenant to vacate
the premises or to pay higher rent, and there was no condition of
increase in theperiod d lease, and later the government enacted a law in
accordance with which the owner lost the right of increasing the rent
or ejecting the tenant. and in case thetenant, relying on that law, does
not vacate the premises and does not also increase the rent, when
similar places have been leased out after the promulgation of that law
onrent many times more than that paid for the building in question,
which may have occasioned the taking of key money. it is not permissible
for the tenant to take key moneyand it is also unlawful for him to
remain in occupation of the premises without the sanction of the owner.
٢٨٥٢. Suppose some persons are constructing a
shop and are spending money on it, and the rent of the shop is, for
example. $ ١٠,٠٠٠ per month, but being in need ofmoney they lease it out
voluntarily for one year on a monthly rent of $ ١٠٠٠ and besides this
on $ ٥٠٠.٠٠٠ in cash. and stipulate in this behalf that so long as
thetenant remains at that place the lease will be renewed every year for
a monthly rent of $ ١٠٠٠, and the owners will not be entitled to
increase the rent, and in case thetenant so desires he will transfer the
premises taken on lease to another person, and the owners will charge
the same rent from that person as they have been charging fromthe first
tenant i.e. they will not increase the rent and the lease deed
stipulating rent of $ ١٠٠٠ will be renewed year to year. In this
Condition the tenant is entitled totransfer that place to someone else
and he may charge from the person to whom he hands it over, key money
equal to or more or less than that which he has paid himself. Theowners
have no right to object to it because according to the conditions
settled by them he is entitled to take key money and to transfer the
premises to another person. andthe key money taken by him is lawful.