Advertisement

Do I pay zakat on a rental security deposit?

Raingo, automatic umbrella rental in Taipei
Photo: Johan Jönsson ( Julle ), CC BY-SA 4.0 via Wikimedia Commons

It depends on which side you're on. As a tenant, your deposit is your money held by someone else, so many scholars say you include it in your zakat, either every year or when you get it back. As a landlord, a deposit you must return isn't your wealth, so you don't pay zakat on it.

For tenants: it's still your money

A deposit (often one to two months' rent, held in a protection scheme in the UK or in an escrow account in many US states) still belongs to you. The landlord only keeps part of it if there is damage or unpaid rent. In Islamic law, money owed to you that you can expect back is a "good debt".

Scholars differ on when you pay zakat on it:

  • Most classical scholars: zakat is owed on it for every year. You can pay yearly with your other savings, or, as the Hanafi and Hanbali schools allow, wait until you get it back and then pay for all the past years.
  • Some contemporary scholars: because you can't use the money and don't control it, they treat it like a weak debt and say you pay zakat only from the day you get it back.

The simplest and safest practice is to add the deposit to your yearly total if you fully expect it back. See Do I pay zakat on money someone owes me?

What if you won't get it all back?

If part of the deposit will clearly go on cleaning or repairs, only count the part you realistically expect to receive. If there's a dispute and you may lose it, you can wait until it is settled and pay on what is actually returned.

For landlords: it's a trust, not income

A deposit you hold for a tenant is an amanah (a trust). Islam takes trusts seriously:

إِنَّ ٱللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا۟ ٱلْأَمَـٰنَـٰتِ إِلَىٰٓ أَهْلِهَا "Indeed, Allah commands you to render trusts to whom they are due..." Quran 4:58

The Prophet ﷺ listed betraying a trust among the signs of a hypocrite (Sahih al-Bukhari 33). Since you must give the deposit back, it's not part of your wealth, and you leave it out of your zakat. Your rental income itself is a different question. See Do I pay zakat on rental property?

If you keep part of a deposit for real damage, that portion becomes yours from that day and joins your other savings.

Putting it into your calculation

On your zakat date, tenants add the expected deposit to their cash and savings; landlords leave tenants' deposits out. Then the usual nisab and 2.5% apply. See Do I pay zakat on my savings account?

Key points
  • Tenants: the deposit is your money; many scholars say include it in your zakat.
  • Scholars differ on paying yearly or only once it's returned.
  • Only count what you realistically expect to get back.
  • Landlords: a deposit you must return is a trust, not zakatable wealth.
Tip: Keep your deposit receipt or protection-scheme certificate with your zakat notes. When you move out, you'll know exactly how much to expect and which years you've already covered.

People also ask

Can I give zakat to my own children?

No, you can't give zakat to your own children or grandchildren, since supporting them is your duty. Spending on them and sadaqah are still rewarded.

Read the full answer →
Can I count money I already gave as zakat later?

Usually no: past gifts can't become zakat after the fact, because the intention must come first. See the Hanafi exception and what to do now.

Read the full answer →
What is khums?

Khums means one-fifth (20%), from Quran 8:41. Sunnis apply it to war spoils and buried treasure; Shia Muslims also pay it on yearly surplus income.

Read the full answer →
Do I need to make niyyah when paying zakat?

Yes, you need a niyyah for zakat to count, but it's in your heart and needs no words. Learn when to make it and whether to tell the recipient.

Read the full answer →
Should I give zakat to one person or many?

Most scholars say you can give all your zakat to one person or spread it among many. See the Shafi'i view and when each choice works best.

Read the full answer →