Pakistan Legal Advisors

Rental Disputes

Disputes between Tenants and Landlords in Pakistan

The dispute between a landlord and a tenant can usually be resolved informally. There are times, however, when a third party should hear both sides and make a recommendation. The purpose of this article is to explain how to deal with rental disputes and where to find assistance.

Any rental dispute must be resolved in accordance with the rental agreement between landlord and tenant. Rent agreements protect the rights of both tenants and landlords. 

If regulations are not followed properly, disputes can become severe. Renting a property in Pakistan can therefore be a stressful experience. You may be a good landlord, but that does not guarantee that you will always have good tenants. Using this article, tenants and landlords can review their rights and privileges.

Rental-Disputes

What are the most common reasons for Eviction Notices?

There are several reasons why a landlord can evict a tenant:

  • A tenancy ends when its duration has expired.
  • The tenant has not paid rent for a specified period.
  • In accordance with the lease agreement, terms have been violated.
  • The agreement has been violated several times despite requests/warnings to abide by the terms.
  • Property damage was caused by the tenant.
  • It is no longer used for the purpose for which it was rented.

In Pakistan, every province has its own laws and regulations, and both parties must familiarize themselves with the laws in the province where the apartment, flat, shop, house, or rented property is located. 

How should the eviction notice be worded?

Eviction notices should also include these two points among other information. 

  1. Eviction notices must specify the effective date (notices are effective from the date of issuance).
  2. Including the reason for eviction is a mandatory part of the eviction notice.

Application Filing

The court needs all the paperwork along with a minimal fee to schedule a hearing and notify the tenant.

Preparation for Court

Prepare for court prior to the hearing date. Having all the necessary documentation would assist your case, such as a copy of the notice you sent, communication details between you and the tenant, bank information, etc.

Renting the property out to the Tenant

The government will order the tenant to vacate if the hearing results in your favour. You can also get the police to help with the eviction if the tenant fails to vacate within the stipulated timeframe. Stay tuned to Pakistan Legal Advisors for more tips and advice on all family rights including court marriage, divorce, khula, talaq, and how to safely remove problematic tenants from rental properties. For more property-related articles, blogs, news & updates, subscribe to our page.

Rental-Disputes

When does the Rent get Decided?

Pakistani tenancy agreements are contractual agreements between landlords and tenants. You can, however, use the following determinants to help you determine a fair amount as monthly rent:

  • The rental trends of homes in the area and the same building can serve as a reference. 
  • The rental value of an area or building is shown in the Property Tax Assessment Register.
  • The monthly rent can also be set based on the property’s condition and nearby amenities.

Pakistan's Rent Increment Policy

Pakistani landlord-tenant law is based entirely on fairness and justice. Rental policies differ from province to province and from the federal capital to the federal capital. Landlords and tenants in Pakistan’s cantonment areas, however, must follow entirely different procedures. 

Punjab, KPK, and Balochistan, which have rent increment policies, can increase rental rates by 25% and 20% respectively. The rent should also be increased after the current agreement expires, which is generally after 12 months. The rent increment policy in Sindh differs from that in the other provinces. A fair value for rent should be fixed in the contract and the increment should not be granted for three years. Landlords are allowed to increase rent charges by 10%, but not more.

Property Maintenance: Who Is Responsible?

In Pakistan, the landlord is not entirely responsible for property maintenance costs. According to a simple rule of common sense, maintenance and repairs are divided into two categories: interiors and exteriors. Natural disasters, leaks, and seepage are the landlord’s responsibility. Paint damage and other damages caused by tenants are, however, their responsibility.

DOES A TENANT HAVE THE RIGHT TO RENT OUT THE PROPERTY?

Renting property without permission from the owner is known as subletting. Rent agreements and rented premises cannot be retransferred by tenants without the landlord’s consent. Even if the landlord agrees, the matter must be legalized, since the court will never recognize verbal agreements.

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