Tenants Damaging Common Property
Question
If a common gate lock is found broken on numerous occasions and no tenant takes resposibility, can we charge all of them for the new lock?
Answer
If the damage was caused to the common gate lock by a particular tenant that accepts responsibility or he was caught red handed then he will be held responsible. If the case of the perpetrator not been known, all the tenants cannot be penalised by distributing the expense of repairs/ replacement of a new lock on all the tenants.
References (Arabic / Urdu sources)
لو اتلف احد مال الاخر او نقص قيمته تسببا يعنى لو كان فعله سببا مفضيا لتلف مال او نقصان قيمته يكون ضامنا
(شرح المجلة مادة ٩٢٢ )
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
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