Having a tenant who refuses to vacate your property is not uncommon in Pakistan. Many property owners have dealt with tenants who refuse to leave the property. Being a property owner has its ups and downs; sometimes, some tenants need to be more cooperative.
As a property owner, what are your rights, and how can you ensure that your tenant will vacate the premises under Pakistani law? As a property owner, knowing how to serve a tenant eviction notice in Pakistan is essential.
The laws vary according to the province you live in, but the following guide provides general information about tenant evictions and the most important things to remember when drafting a rental agreement.
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Reasons When Eviction is the Only Choice
Eviction is the only choice in some circumstances. In these circumstances, it is essential to start the eviction process.
This situation may be because a tenant refuses to vacate the premises once their rental contract has ended. Or there is severe damage to the rental property by the tenant. In other cases, it could be when there is a breach of the terms and conditions of the rental agreement.
In all of these cases, it is essential to refer back to the Rent Laws that apply to your province.
What is the Rental Law in Pakistan?
As mentioned above, knowing which act will apply to your case is essential. If you live in Islamabad, you will need to know the Islamabad Rent Restriction Ordinance 2001, while for Punjab, you may need to refer to the Punjab Rented Premises Act 2009.
In all cases, your rental agreement should cover all the details you want your tenants to follow. The rental agreement will follow all of the stipulations contained in the rental laws. The rental agreement will be used in a court of law, so a formal agreement must be created before your tenants move in.
No verbal agreement will stand up in a court of law, especially if there are no witnesses to the oral agreement.
The following is a general guide to evicting a tenant from your property.
Steps to Issue Tenant Eviction Notices
Every province has its provincial law concerning rental agreements and evicting tenants. But the following are steps you can take after seeking guidance from a legal expert who knows the local, provincial laws.
1. Give Notice
The first step is to notify the tenant so they know they need to leave the premises. This notice should not be verbal only but in writing.
Once you have given a notice to the tenants, you need to hire legal guidance and file an Application for Eviction before a judge that is referred to as a Rent Controller. Your lawyer will prepare your case and file it before the Rent Controller along with relevant documentary evidence. Once your paperwork has been submitted, you will receive a court hearing date, and the tenant will as well.
2. Attend Court Hearing
Once you have received a date, you must attend the court hearings. It is best to hire legal representation to guide you and assist in these court matters, as there will be multiple court hearings over a span of time, and a detailed procedure will need to be followed. Before your court hearing, you will need to ensure you have collected all the necessary documentation, including evidence of any communication between you and the tenant and bank statements to show any crucial transactions or lack thereof.
3. Evict the Tenant
Once the case has been decided and the decision has been made to remove the tenant, you can notify the tenant that they need to leave the property. If they still refuse, you will notify the Rent Controller, who will give an execution petition under S.23 of the Islamabad Rent Restriction Ordinance 2001. Under this notice, the police can then be called to evict the tenant.
Situations Where You Can Evict
Knowing the circumstances in which you can evict a tenant is essential. There are some clear-cut situations where you can initiate the eviction process. They include the following:
The landlord requires personal usage of the property for their own personal reasons.
Subletting is when your tenant rents out your property or a portion of your property to a third party. If the tenant is bringing in other members to help pay for the rent, as the property owner, you should be aware of this.
Breach of No Pet Policy is when you have indicated in the rental agreement that no pets are allowed, and your tenants have pets. If this is the case, the property owner can rightfully serve an eviction notice.
Not Following Rental Terms refers to the situation when in the rental agreement, you have indicated to the tenant what time they should be coming and going if there is a common entrance and the tenant does not obey. If a schedule is mentioned in the rental agreement, then this can be shown in a court of law as justification for the service of an eviction notice.
Using Property for Illegal Purposes If your tenants are using the property for illegal purposes, then the property owner has every right to serve an eviction notice. This includes using the property for commercial purposes when this was not agreed upon in the rental agreement or if it is in a residential zone.
Damaging property is another common reason many property owners feel they need to serve an eviction notice. All property owners want their property to be taken care of properly, and significant damage can result in eviction. There is no clear-cut definition of what constitutes damage. The court will determine what is considered damage depending upon the circumstances.
Get Legal Representation to Avoid the Hassle
Legal representation is a quick and efficient way to deal with uncooperative tenants. You can hire a firm like Alam & Alam Legal and Financial Consultants to address the issue quickly, and it will save you much stress and, in some cases, even unpleasant situations where you do not feel like confronting the tenants yourself.
A legal expert will be clear on which laws apply and what reimbursements in damages you may file for if your property has been damaged.
A & A has provided reliable, trustworthy, and expert legal assistance to individuals, corporations, and firms for the last twelve years. Contact us today to receive a consult and discuss your legal or financial concerns.
Telephone: +92-51-2355777, +92-332-5233523, +92-344-5555588
Email: contact@AlamConsultants.com
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