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Rental Disputes Between Landlords and Tenants in Pakistan

Rental Disputes Between Landlords and Tenants in Pakistan

Rental Disputes Between Landlords and Tenants in Pakistan

Rental Disputes Between Landlords and Tenants in Pakistan

A dispute between a landlord and a tenant can usually be resolved informally between the two parties. There are times, however, when a third party should hear both sides and recommend a resolution. This article outlines how to deal with rental disputes and where to get help.

The resolution of any rental dispute diverges back to the rental agreement between landlord and tenant. A rental agreement is a protects rights of both tenant and landlord, alike. 

If the regulations are not followed properly, disputes can get severe. Therefore, renting a property in Pakistan can become a hectic process. The fact that you are a good landlord does not guarantee that you will always have good tenants, the same applies to tenants. Both tenants and landlords can use this article to review their rights and privileges.

What are common reasons for eviction Notice?

A landlord can evict tenants under the following reasons:

  • When the duration of the tenancy has expired.
  • Rent for the specified period has not been paid by the tenant.
  • There has been violation of agreed upon terms a per the lease agreement.
  • It has been determined that the agreement has been violated, several times, despite requests/warnings to abide to the agreed terms.
  • The tenant caused damage to the property.
  • The property is no longer used for the purpose for which it was rented out.

Every province in Pakistan has its own rules and regulations, it is the duty of both parties to familiarize themselves with the laws respective to province where the apartment, flat, shop, house or rented property is located. 

What must be mentioned in the eviction notice?

Along with other details, an eviction notice should mention at least these two points. 
  1. The eviction notice must clearly define the date (notice is effective from the issuance date).
  2. The eviction notice is mandatory to include the reason for the issuance of eviction notice.

Filing the application

In order to schedule a hearing date and notify the tenant, you need to submit all the paperwork to the court along with a minimal fee.

Prepare for the court

Prior to the hearing date, it is also a good idea to be prepared for court. It would be helpful for your case if you had all the necessary documentation, such as a copy of the notice you sent, communication details between you and the tenant, bank information, etc. that would assist your case.

Evicting the tenant from the property

When the hearing rules in your favor, the tenant will be ordered to vacate by the government. If the tenant does not vacate in the stipulated time, you can also get the police to assist with the eviction. Stay tuned to  Right law Associates for more tips and advice on all the family rights including court marriage, divorce or khula, talaq, and how to safely remove problematic tenants from rental properties. Subscribe to our page for more property-based articles, blogs, news & updates.

Who Decides the Rent?

A tenancy agreement in Pakistan is a contractual agreement between the landlord and tenant. There are, however, a few factors to consider when it comes to determining a fair amount as monthly rent, and you can use the following determinants to assist:

  • For reference, you can look at the rental trends of homes in the area and the same building. 
  • According to the Property Tax Assessment Register, the rental value of an area or building.
  • Depending on the condition of the property and nearby amenities, you can also set the monthly rent.

What is the Rent Increment Policy in Pakistan

There are no soft corners in Pakistani landlord-tenant law, as it is based entirely upon justice and fair play. Each province and the federal capital have their own set of rental policies. It is, however, necessary for landlords/tenants to follow entirely different procedures in the cantonment areas of Pakistan. 

Rental rates can be increased by 25% in areas subject to the Rent Control Act, and by 20% in Punjab, KPK, and Balochistan, which have rent increment policies. As part of the increment policy, the rent should also be increased after the present agreement expires, which is generally 12 months. Sindh has a different rent increment policy than the other provinces. If a fair value for rent has been fixed in the contract, the increment should not be given for three years. It is possible for a landlord to increase rent charges by 10% but not more.

Who is Responsible for property maintenance?

In Pakistan, the landlord is not entirely responsible for property maintenance charges. Maintenance and repairs are separated into two categories, interiors, and exteriors, following a simple rule of common sense. In cases of natural disasters, leaks, or seepage, the landlord is responsible for any maintenance. However, tenants are responsible for damages caused by them, including paint damage and other damages.

CAN A TENANT RENT OUT THE PROPERTY TO SOMEONE ELSE?

Subletting entails renting property to someone else without the consent of the landlord. Rental agreements and rented premises cannot be re-transferred by tenants without the landlord’s consent. However, even if the landlord agrees, the matter should be legalized since the court will not recognize verbal agreements under any circumstances.

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