Is the tenant obligated to carry out repairs after a contractual stipulation that he received everything in good condition, or is the landlord responsible, and is it permissible for the landlord to terminate the contract upon its expiry if he bears the cost of repairs?
The default is that the repair of the rented property is the responsibility of the lessor. However, if the lessor leaves its repair and the tenant agrees to that, then there is no harm. If the tenant repairs something of that, it will not be counted for him what he spent. It is not permissible for the lessor to stipulate to the tenant the renovation of the rented house. According to the Hanafis, the rental contract is void (fasid), and the tenant owes the rent of a similar property (ajr al-mithl). The Malikis permitted the condition of renovation (murammah) upon the tenant from the due rent, provided that it is from rent that was obligatory upon the tenant. However, if its amount is unknown, it is not permissible. Therefore, any defects that occurred in the apartment must be repaired by the owner, unless it is proven that the defect occurred due to the tenant's negligence, in which case he is liable for compensation, and he owes the rent of a similar property for the period he resided there due to the invalidity of the rental contract. There is no harm thereafter in a new contract without this condition. A valid contract, once its term ends, does not require annulment; it can be renewed.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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