How can I evict a tenant in Pakistan?
Finding tenants to ensuring your property is always protected and well-kept can often be a challenge at times. Even when things are going smooth, uncertainties can arise. There will often come a time when you might have to evict your tenant because you have had it. It can be due to multiple factors such as damage to your property, failure to pay you your rent, violation of terms and conditions, the agreement has expired but the tenant refuses to leave and so on. So renting out your property can be a daunting task at first.
In this article, we will try to cover everything you need to know if you do choose to evict a tenant in Pakistan. It is important to be aware of things you can and cannot do so you are able to vacate your property legally.
Decide If You Can Evict
The most common reason landlords choose to evict the tenant is when they cannot pay their rents and some of the other common reasons include:
• Tenant refusing to leave the property once their contract has ended
• There is serious damage caused to the rental property by the tenant
• Breach of terms and conditions set out in the rental agreement
Learn The Rental Act
One size doesn’t fit all, each region has its own provincial laws and it’s important to know the relevant governing laws when you rent out your property.
Rental Laws In Pakistan
Islamabad
Islamabad Rent Restriction Ordinance 2001
Sindh
Sindh Rented Premises Ordinance 1979
Punjab
Punjab Rented Premises Act 2009
Khyber Pakhtunkhwa (KPK)
The North-west Frontier Province/Balochistan Urban Rent Restriction Ordinance 1959
Balochistan
The North-west Frontier Province/Balochistan Urban Rent Restriction Ordinance 1959
These acts outline the requirements to carry out renting, leasing, and the termination of the premises. Hence, these are relevant documents to consult before initiating an eviction
Steps To Evicting A Tenant
Giving Legal Notice
Obliged by the law to give legal notice to the tenant. The legal notice period in Pakistan varies by provinces and entails a standard duration of two months.
Filing Eviction
Within Pakistan, property courts are approached for such matters. To begin the process, you will first submit a registration fee. Once the paperwork finishes, you will get a hearing date, the court will notify the tenant as well.
Getting Ready For Hearing
Gather all the required documentation and notes prepared (leave out no detail) before going for the hearing.
Eviction
If the case has been in your favour in the court, you will get notified on how to remove the tenant. A time limit will be given to clear the premises. If the tenant still does not move out, you can get the help of the police.
Get to know things to ask before renting a place.
The tenants will be given a duration of one month to vacate the property. However, if the rent has not been paid for the last three months then only 15 days are given.
Tips To Remember!
Rent Payment
The rent payment must be paid by or before the date mentioned in the agreement contract. If there is no date set, then it must be paid before the 10th of each month.
Increasing the Rent
Both parties can agree to either of the two options:
1 Increase the rent by 10% after a year.
2 Increase the rent by 25% after three years.
Other options can also be considered if both parties agree to it and mention it in the tenancy agreement.
House repairs and taxes
Only the landlord is responsible for repairs of the house such as electricity, water, sanitary fittings, painting a house, property taxes, and whitewashing.
If he/she fails to do so, the tenant can do it and the amount spent in the process can be deducted from the rent.
Duration of tenancy
The duration of the tenancy agreement lasts for a year only. However, there are no hard rules to it. The agreement can be increased or decreased if both parties consent to it.
This article spoke about all the information that one needs to have when it comes to gruesome acts of eviction. If you found this article helpful, let us know in the comments and please share this information with others and if you want to hire a lawyer for eviction or you just want to send legal notice to the tenant or you want a legal opinion on any matter then contact us or ask us in question & answers portion.
