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 blog, 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. 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 shoe does not 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 |
|
| Punjab | Punjab Rented Premises Act 2009 |
| Islamabad | Islamabad Rent Restriction Ordinance 2001 |
| 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 |
| Sindh | Sindh Rented Premises Ordinance 1979 |
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 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:
- Increase the rent by 10% after a year.
- 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 electric, 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.
Relevant Questions that are Frequently Asked
How can I evict a tenant quickly?
Required by the law, you must give the tenant a legal notice. It varies by province. This notice demands the action to vacate the property. You must also state the reason for the eviction in your notice.
What happens if a tenant refuses to leave?
If your tenant refused to leave, then you must apply for the tenancy tribunal for a possession order. This order demands the tenant to leave your property immediately. If after this, the matter still exits you can take the order to the district court for an eviction warrant.
How can I get rid of a tenant without going to court?
If going to court is an intimidating task for you, consider the following options to avoid getting involved in any case.
- Offer an Incentive: Cash.
- Offer Assistance.
- Proper Communication.
How long does it take to get tenants evicted?
Depending on the flow of your case, it can take up to two months to get the tenant evicted.
Can you be evicted for having a messy house?
No, however under the following reasons the tenant can be evicted:
- The tenancy period has expired.
- The tenant fails to pay the rent.
- A tenancy agreement is breached.
- Using the premises for purposes that otherwise are not allowed by the landlord.
- Breaking any tenancy conditions.
- Material damage to the property.
- Taking part in activities that are causing a nuisance to the neighbours.
- Reconstruction or renovation of the property by the landlord.
- The tenant has sub-let the property without the landlord’s permission.
- The landlord dies or retires.
What to do if the tenant damages the property?
If any damage has been done to the property, then the tenant is required to pay for all of it. Keeping in mind, it does not include property maintenance costs.
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 useful, let us know in the comments.
are the minor wear and tear like things changing electric bulb etc are landlord’s duty