In This Post:
More About Tenancy Laws in Sindh
Requirements for Rental Agreement
Rental Payment Terms in Sindh
Provision of Amenities and Services
How to End Tenancy Agreement (Eviction Laws in Sindh)
The formation of rental laws in Pakistan dates back to the late 1950s. It was to safeguard the rights and define the responsibilities of renters and landlords alike. The laws are more or less the same for each of the provinces of the country including Sindh, Punjab, Balochistan, and the Khyber Pakhtunkhwa (formerly known as the NWFP) with a few additional clauses, usually based on territorial differences. However, they all ensure that every term in a tenancy agreement protects the interest of both parties and doesn’t violate the law in any way.
So, whether you are a renter or landlord who is planning to sign a tenancy agreement in Karachi, Hyderabad, or any other city of Sindh, then here is everything you need to know about the rights and obligations of both parties signing a rental contract according to the provincial laws.
Now, without further ado, let’s get started!
More About Rental Laws in Sindh
Tenancy laws in Sindh are according to the Sindh Rented Premises Ordinance 1979. This ordinance provides regulations on rental agreements to protect the interest of landlords and tenants for almost all possible matters to avoid any disputes.
Here’s what the law says about the important documentations and matters pertaining to rental contracts in Sindh.
Rent Agreement Between Landlord and Tenant
A tenancy agreement between a landlord and tenant should always be in writing and signed by either party. Moreover, it should be signed and attested with an official seal by the concerned authoritative official belonging to the jurisdiction where the property is located. The document can also be attested by any Civil Judge or First Class Magistrate. These are the mandatory conditions for the validity of a tenancy agreement.
The tenancy agreement should be renewed annually, otherwise, it would be considered invalid in the court of law. The terms of tenancy including the monthly rent can also be revised upon the renewal of the contract.
Terms Related to Rental Payment
The landlord can only charge the rent that has been mutually agreed upon by either party and has been mentioned in the agreement. There is no specific date for the payment of the rental dues. According to general practice, the 10th of every month is considered the due date for rental payments in Sindh.
The rental laws in Sindh also ensure fair rent practices, which is to safeguard the rights of both tenants and landlords. In the province, the rent of premises cannot be increased more than 10% each year in any case. Moreover, if the fair rent has been determined, it cannot be increased for a period of three years. Here are some of the key legal points on the basis of which a fair rent for a particular property is determined:
- The analysis of the monthly rent charged for a property situated in the same or adjoining locality
- The rise of construction costs, repairs, and maintenance charges.
- The imposition of any new taxes, after the commencement of the tenancy contract.
- Increase in the value of the rented property based on the government levied property taxes.
Discontinuation of Amenities and Services is Not Allowed
No landlord is allowed to discontinue any of the amenities and services including utility connections such as electricity, gas, or water without the consent of the renter. However, the landlords may be allowed to discontinue the provision of such facilities if asked by the concerned authorities or on the direction of an authoritative official in any special circumstances.
Repairs and Maintenance
The landlord is responsible for the repairs and maintenance of the rented premises. However, if for some reason the owner of the property is unable to do so, the tenant has the right to get done with the required maintenance work and whitewash.
In such circumstances, the landlord is liable to pay for maintenance costs, which should be deducted from rental payments. However, a documented proof should be provided by the tenant against the expenditures incurred for the reimbursement.
Legal Requirements to End Tenancy Agreement (Eviction Laws in Sindh)
When a tenancy agreement comes to an end, the landlord has the right to evict the tenant on genuine conditions. Eviction terms are more or less the same for different provinces in Pakistan. However, the Sindh Rented Premises Ordinance 1979 has some additional clauses and requirements that are required to be met to avoid any legal consequences. They have been listed below. Have a look!
- The owner of the property has sold or handed over the possession of the premises to some other person.
- If the renter is causing damage to the premises, which may impact its real estate value.
- The building is in need of major renovation or needs to be reconstructed due to the modification in the construction bylaws. After the reconstruction of the building, the tenant, however, can again request possession of the premises after seeking guidance from the concerned legal authorities.
- If the landlord and their legal heirs want to occupy the building for their own use, they have the right to do so after consulting the concerned legal authorities.
- If the owner of the rented property is a widow or an orphaned minor or a senior citizen who is above the age of 60. It is worth mentioning that if a landlord was already a widow, an orphaned minor, or a senior citizen when the property was rented out, the aforementioned clause for eviction becomes invalid.
- Also, bear in mind that whatever the reason for eviction may be, whenever a landlord wants to evict their tenants, they need to write an application to the concerned authorities according to the law.
Now that we have discussed all the important clauses and legal guidelines of rental laws in Sindh, it’s time for us to wrap up. We hope this blog has given you all the useful information in this regard. Feel free to get in touch with us at blog@zameen.com if to learn more about the aforementioned tenancy laws in Sindh.
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