Charging the tenant for the letter of demand due to his overdue account
Question
We have a property with several tenants from which we collect rental. Unfortunately, some tenants do not pay their rental on time and delay some times up to a few months in payment.
We get an accountant to send a letter of demand to these tenants, which demands payment from them on their overdue accounts immediately, otherwise legal action will be taken. The accountant charges us R250 per letter - which is the market rate for such letters.
Can we then charge this R250 to the tenant, as them not paying their account is the cause for us incurring this charge Please advise
Answer
No, it is not permissible for you to charge the tenant this amount. If you charge the tenant this amount, it will be regarded as you charging him riba (interest).
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.