Article 12: Procedure for Eviction of a Tenant under Pakistani Rent Laws


S.M. ZULKUFIL HAIDER & CO.
Advocates Barristers-at-law
www.zulkufilhaiderandco.com


Procedure for Eviction of a Tenant under Pakistani Rent Laws

Evicting a tenant in Pakistan is governed by various provincial rent laws (e.g., Punjab Rented Premises Act 2009, Sindh Rented Premises Ordinance 1979). A landlord cannot forcibly remove a tenant without following proper legal procedure through the Rent Controller.

This article outlines the legal process for eviction and the valid grounds under Pakistani law.


🔹 1. Jurisdiction

Eviction proceedings must be filed before the Rent Controller in the area where the property is located.


🔹 2. Grounds for Eviction

The landlord may apply for eviction on one or more of the following grounds:

➤ a. Default in Rent Payment

Tenant has failed to pay rent for more than two months

No proof of deposit or receipts

➤ b. Personal Use

Landlord or family member genuinely requires the premises for residence or business

➤ c. Subletting Without Permission

Tenant has unlawfully sublet the premises to another person

➤ d. Violation of Tenancy Agreement

Using premises for an unauthorized purpose

Structural alterations without permission

➤ e. Expiry of Lease

Lease term has ended and landlord chooses not to renew


🔹 3. Required Documents

The landlord must provide:

Tenancy agreement (if available)

Copy of ownership documents (title deed, registry)

Notice of default or termination

Proof of non-payment or misuse (if any)


🔹 4. Filing an Eviction Application

The landlord files an eviction application with the Rent Controller, including:

Particulars of landlord and tenant

Grounds for eviction

Evidence in support


🔹 5. Notice and Written Reply

The Rent Controller issues a notice to the tenant, requiring a written reply within the prescribed time (usually 10–15 days).


🔹 6. Evidence and Hearing

Both parties may:

Submit affidavits and documentary evidence

Appear in person or through lawyers

Present witnesses (if necessary)


🔹 7. Final Decision

After examining all facts, the Rent Controller may:

Allow eviction

Dismiss the application

Pass any conditional order (e.g., pay rent arrears to retain possession)


🔹 8. Execution of Eviction Order

If eviction is granted:

The court may issue warrants of possession

Bailiff is appointed to remove the tenant and deliver possession to the landlord


🔹 9. Appeal

Either party can file an appeal within 30 days to the District Judge (Rent Tribunal), but only if substantial legal error is claimed.


✅ Practical Tips for Landlords:

Always document tenancy terms in writing

Avoid taking law into your own hands (e.g., locking premises or disconnecting utilities)

Send notices through registered post or legal counsel

Keep proof of default or breach


✅ Rights of Tenant:

Right to contest eviction

Right to proper notice and due process

Right to adjust rent paid, if eviction found illegal


Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For legal assistance specific to your situation, please consult a qualified lawyer at S.M. Zulkufil Haider & Co.


S.M. ZULKUFIL HAIDER & CO.
www.zulkufilhaiderandco.com

Leave a Reply