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Eviction of Tenants in Pakistan

It is pretty common in Pakistan for landlords to experience resistance from tenants when it comes to vacating the premises - no matter how good the relationship is between landlord and tenant. Eviction of tenants in Pakistan can be on different grounds, and the process can vary depending on the situation. Some of the grounds on which eviction petitions are filed by landlords in court are as follows: Defaulting on rent or utility payments, causing damage to property, subletting the premises to a third party without approval, causing nuisance for neighbours, or violating other terms and conditions of the agreement are all grounds for eviction. Most eviction petitions are filed when a tenant defaults on their rent payments to the landlord. Tenancy laws in Pakistan differ from province to province, meaning that each one has its own set of rules. The Punjab Rented Premises Act 2009 was recently introduced in Punjab and covers all tenancy relationships and disputes except for those involving properties located in Cantonment areas, which fall under the Cantonment Rent Restriction Act, 1963.

STEP 1: REPORT FROM REPUTABLE SPECIALIST REGARDING HEALTH OF CHILD

WRITTEN NOTICE IN CASE OF DISPUTE

If a dispute arises between a landlord and tenant, the landlord is required to serve the tenant with a written notice detailing the tenant's default or that the agreement has expired and the landlord wants the premises vacated. If the tenant fails to comply, the landlord can then proceed to file an eviction or seek recovery of rent and other defaulted amounts.

STEP 2: PREPARE CHILD ADOPTION CONTRACT

PROCEDURE FOR EVICTION OF TENANT

If the tenant has failed to evict the premise through amicable means, the tenant or landlord has the right to file an eviction petition with the rent controller. To file an eviction petition, it is recommended to engage an expert lawyer who is experienced in tenancy laws. An experienced tenancy lawyer will prepare a draft of the petition and share it with you for approval. Once you have signed the petition, the lawyer will file it on your behalf with the rent controller and get a hearing date for notices to be served to the other side.

STEP 3: OBTAIN GUARDIANSHIP CERTIFICATE FROM COURT

DOCUMENTS REQUIRED FOR FILING EVICTION PETITION

To file an eviction petition with the Rent Controller, you will need the following documents: A copy of the landlord's and tenant's CNIC A verification certificate of the tenant from the police station A registered tenancy agreement, duly signed by both the tenant and landlord Other documents that may be necessary for adjudication of the matter

REGISTERED TENANCY AGREEMENT

As mentioned earlier, a Tenancy Agreement must be in writing and signed on a non-judicial stamp paper of PKR 1200/- (Rupee Twelve Hundred). The Tenancy law of Punjab requires that the Tenancy Agreement must be registered with the relevant Sub-Registrar office. If your tenancy agreement is not registered, you can still file an Eviction Petition with Rent Controller, but the landlord will be required to pay a 10% penalty on the Annual Gross Value of Rent payment. We know how challenging it can be to deal with tenancy disputes, especially if you're constantly being bogged down by deadlines and other pressing matters.

FAQs

The eviction process in Pakistan varies by province but generally requires the landlord to issue a formal notice to the tenant, stating the grounds for eviction and a deadline to vacate. If the tenant does not comply, the landlord can file an eviction application with the local Rent Controller or Civil Court, providing valid reasons and evidence for eviction. The court then hears both parties, and if the eviction grounds are valid, issues an eviction order. Court procedures and timelines can vary, but eviction without a court order is illegal in Pakistan.

Valid grounds for eviction in Pakistan include non-payment of rent, violation of lease terms (such as subletting or property damage), the landlord's need for personal occupancy, and end of the lease term. In some cases, illegal or unlawful use of the property may also be grounds for eviction. These reasons should be well-documented and presented to the court if a formal eviction process is needed.

The notice period required to evict a tenant varies by province. Generally, a 30- 90 days notice isrequired, but it can vary based on the terms specified in the lease agreement or local tenancy laws. In Punjab, for example, the Punjab Rented Premises Act mandates at least 30 days’ notice. It's essential to refer to the lease or local laws to determine the correct notice period.

No, landlords cannot legally evict a tenant without a court order in Pakistan. Forced evictions without a court’s involvement are considered illegal and may lead to legal consequences for the landlord. To protect both parties' rights, landlords must file for eviction in court if the tenant refuses to vacate after receiving a notice.

Tenants in Pakistan have the right to receive proper notice before eviction, the right to defend against eviction in court, and the right to contest eviction grounds if they feel they are unjust. Tenants can also appeal an eviction order if they believe it was issued unlawfully. Provincial tenancy laws, like the Sindh Rented Premises Ordinance or the Punjab Rented Premises Act, protect tenants from unlawful evictions and outline their rights during disputes.

The eviction process duration depends on the specific circumstances and the court’s schedule. In simple cases, an eviction order can be obtained in a few months. However, if the tenant contests the eviction, it may extend the timeline, sometimes taking several months to over a year. Consulting a lawyer can help expedite the process by ensuring all necessary documentation and procedures are followed correctly.

Costs for evicting a tenant in Pakistan include court fees and, if applicable, attorney fees. These expenses can vary based on the complexity of the case and the lawyer's experience. Although eviction is a legal right, it is advisable to consider the costs before pursuing formal eviction, especially if an amicable solution might be reached.

Yes, a tenant can contest an eviction in court by providing evidence to counter the landlord's claims. If the tenant can demonstrate that they are abiding by the lease terms or if the eviction grounds are invalid, the court may reject the eviction application. Tenants also have the right to appeal an eviction order if they believe it is unjust or unlawful.

If a tenant refuses to vacate after a court issues an eviction order, the landlord can seek assistance from local law enforcement to enforce the order. The court may issue a writ of possession, authorizing officials to physically remove the tenant if necessary. Non-compliance with an eviction order may also lead to additional legal consequences for the tenant.



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