Problematic tenant? Here’s your one-stop guide to removing them!

Despite the best of efforts to maintain a cordial relationship with your tenant, things often go south. Even if you are a good landlord, the chances are pretty high of you going through the eviction process for one or more of your tenants.

This can be due to a multitude of reasons. The tenant might not have been paying rent or the tenant may have been disturbing others or maybe the tenant has damaged the property. For whatever the reason, make sure that you have followed the proper procedure to evict a tenant. Read on below to find out how you can remove a problematic tenant.

Some of the most common grounds for eviction include the following reasons:

1. 1. Non-payment of rent

1. 1. Breaking the rules and regulations set in the agreement

1. 1. Sub-letting without approval from the landlord

1. 1. Causing damage to the property

1. Disregarding the notices sent by the landlord

Decide if you can evict

Most eviction cases usually stem from the tenant’s inability to pay rent. While you cannot evict a tenant for giving you a hard time, there are other reasons under which you can easily evict a tenant such as:

• • Overstaying on the property even after the agreement has ended.

• • Causing damage to the property.

• Going against the rules set out in the agreement.

Learn the rental act

Make sure you have gone through the various provincial laws that govern the region you have rented your home in. if you have rented out a place in Punjab, there is The Punjab Rented Premises Act 2009 along with Cantonment Rent Restriction Act, 1963 (which is applicable in all cantonment areas). These acts define the clauses under which lawful and legal renting and leasing and eviction are to take place.

Similarly, for Islamabad, we have the Islamabad Rent Restriction Ordinance 2001 while for NWFP (now KPK) and Balochistan we have The North-West Frontier Province/Balochistan Urban Rent Restriction Ordinance 1959 and Sindh is governed under Sindh Rented Premises Ordinance 1979. Please note that all these run in tandem with the Cantonment Rent Restriction Act, 1963 where applicable.

These acts outline the prerequisites to carry out renting and leasing and the termination of the same as well, therefore, making them important documents to consult before initiating an eviction.

Give notice

You are required by law to give a notice to the tenant before the eviction takes place. Normally, the legal notice period in Pakistan does not vary by province and is a standard duration of two months. This is called the notice to vacate and should clearly state your intent to evict the tenant.

File your eviction

Within Pakistan, property courts are usually approached for such matters. You will generally have to submit a fee to start the process. Once the paperwork has been completed, you will get a hearing date and the court will then notify the tenant of the same.

Getting ready for court

Before going to the court make sure you have prepared for the hearing. Gather any and all documentation (such as the agreement, copy of the notice you sent, records of any and all communication between you and the tenant, bank statements if required) that you have (preferably in chronological order). You can also prepare and rehearse what you will say in front of the judge on the day of the hearing. Don’t leave out any details. It is a good idea to go prepared since it will help your case.

Evict the tenant

Once the court case has been decided in your favour, you will be instructed on how to remove the tenant. The court will give the tenant a certain time frame to clear out of the property. If the tenant still does not move out, you can get the police to help in removing him from the premises.

These are some the reasons and the ways in which you can and should evict a tenant. Have you ever had to evict a tenant? What challenges did you face and how did you overcome them? Talk to me in the comments below or head on over to our Forum for a bigger discussion.