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Rescission Of Ijarah Contract In Case Of Defect In Leased Asset

What are the rights of the lessee regarding the rescission of an Ijarah contract when the leased asset contains defects?

If the leased assets contains or develops defects, the lessee may rescind the Ijarah contract, return the leased asset to the lessor and demand compensation for the period of defect. However, if the defect does not hinder utilization of the usufruct, the lessee may not rescind the Ijarah contract.

Similarly, if the defect is removed immediately by the lessor, before the lessee rescinds the contract, the lessee may not rescind. An expert technical opinion may be taken to determine whether the contract may be rescinded due to a particular defect in the leased asset. The lessee is permitted to exercise his abovementioned rights only in the case of an Ijarah of a specific leased asset.

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