Can a new tenant use the items left behind by the old tenant?
Question
A tenant vacated the property and left behind some items. Can the new tenant use the items left behind by the old tenant? We don’t know if they forgot it or if they didn’t want it.
Answer
Any items belonging to a tenant that was left behind at the landlords property when the property was vacated remains the ownership of the tenant unless the tenant has relinquished rights over it.
It is incorrect for the new tenant to use or assume ownership of the items left behind by the old tenant until clarity is sought from the old tenant.
If the old tenant does not want the items left behind and has relinquished rights over it, the new tenant may use or assume ownership of the items. If not, the new tenant cannot use and assume ownership of the items. The items must be returned to the old tenant.
And Allah Ta’ala Knows Best
- Answered by
- Mufti Ismaeel Bassa, Mufti Moosa Salie
Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.