Liability For Legal Costs In A Dispute Between A Lessor And Lessee
Question
If we or our agent institutes legal action against any tenant, can we compel to pay the legal costs?
Answer
Hadrat Thanvi Rahimahullah has written in Ashraful Ahkaam that legal costs will be upon the party that has defaulted. The reason given is that the claimant (i.e. lessor) had no need to go ahead with legal proceedings if the tenant had paid their rentals timeously.
References (Arabic / Urdu sources)
Ashraful Ahkaam pg. 184
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
Fatawa SA is an independent, read-only index of fatawa already published by Darul Ifta, Darul Uloom Azaadville. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.