Eviction of Tenant

Grounds for Eviction

The Punjab Rented Premises Act of 2009 allows landlords to seek eviction of tenants on various valid grounds, including but not limited to:

Expiration of Tenancy Period: If the tenancy agreement specifies a fixed term, the tenant must vacate the premises upon the agreement’s termination. Failure to do so can lead to eviction. (Section 13)

Non-Payment of Rent: Tenants are obligated to pay rent within 30 days of the due date. If a tenant consistently defaults on rent payments, the landlord can initiate eviction proceedings. (Section 14)

Breach of Tenancy Agreement: Any violation of the terms and conditions laid out in the written tenancy agreement can be a legitimate reason for eviction. This includes subleasing the premises without prior permission from the landlord. (Section 13)

Unauthorized Use of Premises: If the tenant uses the rented premises for illegal or prohibited activities, the landlord has the right to seek eviction. (Section 13)

Sub-Letting the Rented Premises: Any violation of the terms and conditions laid out in the written tenancy agreement can be a legitimate reason for eviction. This includes subleasing the premises without prior permission from the landlord. (Section 13)

The Eviction Process

The eviction process under the Punjab Rented Premises Act involves the following steps:

1. Notice to Vacate: Before initiating eviction proceedings, the landlord must serve a written notice to the tenant, specifying the grounds for eviction. The notice period should be at least fifteen days, allowing the tenant an opportunity to rectify any issues or vacate the premises voluntarily. (Section 15)
2. Filing a Petition with Rent Tribunal: If the tenant fails to comply with the notice and does not rectify the violations or vacate the premises, the landlord can file a petition for eviction with the Rent Tribunal. (Section 16)
3. Non-Registration of Tenancy Agreement: It is important to note that the Punjab Rented Premises (Amendment) Act 2020 mandates the compulsory registration of tenancy agreements. If a tenant fails to register the agreement, they are liable to pay a fine as prescribed in the relevant section. (Section 4A)
4. Rent Tribunal Proceedings: The Rent Tribunal, comprising of Special Judges (Rent) appointed by the Government, will conduct a hearing for the case. Both the landlord and tenant can present their evidence and arguments during the proceedings. (Section 18)
5. Decision and Execution: After reviewing the evidence and considering the merits of the case, the Rent Tribunal will issue its decision. If eviction is ordered, the tenant must vacate the premises within the specified time. Failure to do so may result in forcible eviction through lawful means. (Section 19)

Overseas Pakistani Landlords and E-Courts

For overseas Pakistani landlords, initiating the eviction process can be challenging due to physical distance. However, the law accommodates such situations. An overseas Pakistani landlord can serve the required notice or file an eviction petition through a special power of attorney. This power of attorney enables a representative in Pakistan to act on their behalf. Additionally, the submission of evidence and the entire process can be facilitated through the e-courts system, which offers an efficient and accessible means of resolving disputes.

Rights and Obligations of Landlords and Tenants

The Punjab Rented Premises Act of 2009 upholds the rights of both landlords and tenants throughout the eviction process. Understanding the following rights and obligations is crucial:

Landlords:

– Right to receive timely rent payments.

– Right to take legal action for eviction under valid grounds.

– Obligation to provide a written tenancy agreement and adhere to its terms. (Section 4)

– Obligation to maintain the premises and pay applicable taxes and fees.

Tenants:

– Right to peaceful possession of the premises during the tenancy period.

– Right to receive a fifteen-day notice before eviction.

– Obligation to pay rent on time and use the premises only for the agreed-upon purpose. (Section 5, Section 12)

– Obligation to allow the landlord’s reasonable inspections of the premises. (Section 10)

Frequently Asked Questions (FAQs) – Understanding the Eviction Process for Tenants in Punjab, Pakistan

Q1. What governs the relationship between landlords and tenants in Punjab, Pakistan?

The relationship between landlords and tenants in Punjab, Pakistan is governed by the Punjab Rented Premises Act of 2009, which outlines the rights and obligations of both parties.

Q2. What are the valid grounds for the eviction of tenants in Punjab?

Valid grounds for eviction include the expiration of the tenancy period, non-payment of rent, breach of the tenancy agreement, and unauthorized use of the premises for illegal activities.

Q3. Can a landlord evict a tenant without prior notice?

No, landlords are required to serve a written notice to the tenant at least fifteen days before initiating eviction proceedings, specifying the grounds for eviction.

Q4. What happens if a tenant fails to pay rent on time?

If a tenant consistently defaults on rent payments, the landlord can initiate eviction proceedings based on non-payment of rent.

Q5. Is the registration of the tenancy agreement mandatory in Punjab?

Yes, the Punjab Rented Premises (Amendment) Act 2020 mandates the compulsory registration of tenancy agreements. Failure to register may result in the tenant being liable to pay a fine.

Q.6 Can a tenant be evicted for subleasing the premises without permission from the landlord?

Yes, subleasing the rented premises without obtaining prior permission from the landlord constitutes a breach of the tenancy agreement and can be a valid ground for eviction.

Q7. Who presides over the eviction process in Punjab?

The eviction process is overseen by the Rent Tribunal, which consists of Special Judges (Rent) appointed by the Government.

Q8. What is the role of the Rent Tribunal during eviction proceedings?

The Rent Tribunal conducts a hearing for eviction cases, where both the landlord and tenant can present their evidence and arguments.

Q9. What are the rights of tenants during the eviction process?

Tenants have the right to receive a fifteen-day notice before eviction and the right to peaceful possession of the premises during the tenancy period.

Q10. Can a tenant be forcibly evicted if they fail to comply with the Rent Tribunal’s decision?

Yes, if a tenant does not vacate the premises within the specified time after the Rent Tribunal’s decision, the landlord may seek lawful means for forcible eviction as per the Punjab Rented Premises Act.

Q11. Can a landlord who is an overseas Pakistani initiate the eviction process?

Yes, an overseas Pakistani landlord can appoint a Special Power of Attorney in Pakistan to serve notices or file eviction petitions on their behalf. The process can be facilitated through e-courts, where necessary evidence and documentation can be presented digitally.

Q12. Is the e-court process available for both landlords and tenants during eviction proceedings?

Yes, the e-court system in Punjab allows both landlords and tenants to submit their documents, evidence, and arguments electronically, providing a convenient and efficient platform for the resolution of disputes.

The Punjab Rented Premises Act of 2009 establishes a well-defined and regulated process for the eviction of tenants in Punjab, Pakistan. By understanding the valid grounds for eviction, the role of Rent Tribunals, and the rights and obligations of both landlords and tenants, individuals can navigate the rental landscape with greater clarity and ensure a fair and respectful relationship between all parties involved. Furthermore, tenants should be cautious about subleasing the premises without obtaining prior permission from the landlord, as it constitutes a valid ground for eviction under the Act.