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Tenant vs Landlord Disputes & Illegal Eviction in Pakistan

Tenant vs Landlord Disputes & Illegal Eviction in Pakistan

Renting a house, flat, or shop in Pakistan should be simple: you pay rent, you get peaceful use of the property. But in real life, things are not always that smooth.

Tenants worry about sudden rent increases or being forced out. Landlords worry about rent not being paid, damage to property, or tenants who refuse to vacate even after the agreement ends.This guide explains common tenant–landlord disputes, what counts as illegal eviction, and what both sides can do legally. It is for general awareness only and is not a replacement for personal legal advice.

Common Tenant–Landlord Disputes in Pakistan

Most rental issues fall into a few clear categories:

1. Non-payment or late payment of rent

  • Tenant delays or skips rent.
  • Disagreements over how much is due and when it should be paid.

2. Sudden or unfair rent increase

  • The landlord demands a big jump in rent without proper notice.
  • No written agreement about how often and how much rent can be increased.

3. Security deposit disputes

  • The tenant wants the full deposit back at the end of the tenancy.
  • The landlord keeps the deposit, claiming damage or unpaid bills.

4. Repairs and maintenance

  • Property has leaks, broken wiring, or structural issues.
  • Confusion over who is responsible for repairs and within what time.

5. Misuse of property

  • Property used for business instead of residential use.
  • Extra people living there or activities that disturb neighbours.
  • The tenant gives part of the property to someone else without the landlord’s written permission.

7. Utility and service bills

  • Arguments over who pays which bill and how to settle pending amounts at the end of the tenancy.

Many of these issues can be reduced if there is a clear written tenancy agreement and proper documentation from day one.

What Counts as Illegal Eviction?

“Illegal eviction” means a landlord tries to remove a tenant without following the legal process. Examples include:

  • Changing the locks while the tenant is away
  • Throwing out the tenant’s furniture or belongings
  • Cutting electricity, gas, or water to force the tenant out
  • Threats, harassment, or using private persons to push the tenant out
  • Asking the tenant to leave without a court order / Rent Controller order, even when rent is paid

In most cases, a landlord cannot simply tell a tenant to leave overnight. Eviction usually requires:

  1. Proper written notice, and
  2. An ejectment order from the competent court or Rent Controller (depending on the applicable tenancy law).

Anything outside this legal process is risky and can create serious legal consequences for the landlord.

Rights of Tenants Under Pakistani Law

Exact rules differ slightly between provinces, but tenants generally have the right to:

  • Written tenancy agreement that clearly mentions rent, duration, and terms
  • Peaceful possession of the property as long as rent is paid and terms are followed
  • Reasonable notice before any lawful eviction action
  • Protection from harassment and illegal eviction
  • Receipts for rent payments (cash, online, or bank transfer)
  • Repairs of major structural defects that are landlord’s responsibility (as per agreement / law)

Tenants should keep copies of all agreements, rent receipts, and communication with the landlord. These documents become crucial if a dispute reaches court.

Rights of Landlords in Pakistan

Landlords also have clear rights which the tenant must respect. These include:

  • Timely payment of rent as agreed
  • Proper use of property according to the tenancy agreement (residential vs commercial)
  • Right to inspect the property at reasonable times with prior notice
  • Right to seek eviction if the tenant:
    • Fails to pay rent
    • Violates terms of the agreement
    • Causes damage or nuisance
    • Continues to stay after the tenancy period ends without consent

However, even when the landlord is right, eviction must be through legal channels, not by force.

If You’re a Tenant Facing Illegal Eviction

If you feel you are being pushed out illegally:

  1. Stay calm and stay safe
    Avoid any physical argument. Prioritise your safety and that of your family.
  2. Collect evidence
    • Take photos or videos of damaged locks, removed doors, or blocked utilities.
    • Save call recordings (where legal), WhatsApp messages, and written notices.
  3. Check your tenancy documents
    Review your agreement, rent receipts, and notice letters to understand your legal position.
  4. Communicate in writing
    Politely write to the landlord asking them to stop illegal actions and to resolve the matter according to law.
  5. File a police complaint if there is harassment or force
    If there are threats, abuse, or physical force, a criminal complaint may be needed.
  6. Consult a lawyer or legal aid
    A lawyer can file:
    • An application before the Rent Controller / civil court
    • A suit for injunction to stop illegal eviction
    • A claim for damages, where appropriate

If You’re a Landlord Facing a Difficult Tenant

If your tenant is not paying rent or breaking terms:

  1. Do not act in anger
    Avoid changing locks, cutting utilities, or using force. It can turn the case against you.
  2. Keep written records
    Maintain a rent register, copies of notices, and all communication.
  3. Serve a proper legal notice
    Through a lawyer, send a notice demanding payment of rent or compliance with the agreement within a fixed time.
  4. File an ejectment or recovery case
    If the tenant does not correct the issue, approach the competent court / Rent Controller for eviction and arrears of rent.

Consider settlement
Many disputes are solved when both parties sit together, sometimes through a lawyer or mediator.

When to Involve a Lawyer

You should seriously consider professional legal help if:

  • You are already in court or have received a legal notice
  • There are threats, police complaints, or serious harassment
  • A large security deposit or long-term commercial lease is involved
  • You feel you are being tricked into signing documents you do not understand

A good lawyer will explain your options in simple language and help you choose the least stressful and most practical path.

FAQs

Q1. Can a landlord evict a tenant without notice if rent is not paid?
Usually no. Even for non-payment, the landlord must serve notice and then follow the legal procedure for eviction.

Q2. What if there is no written agreement?
The case becomes more complicated but not impossible. Courts then rely on receipts, messages, witnesses, and conduct of parties.

Q3. Can utilities be disconnected if the tenant refuses to vacate?
Intentionally cutting utilities to force a tenant out can be treated as harassment or illegal eviction.Q4. How long does an eviction case usually take?
It varies from city to city and depends on workload of courts, quality of evidence, and cooperation of both parties.

Need Help With a Rental Dispute?

If you are a tenant afraid of losing your home or a landlord worried about your property and investment, timely legal guidance can save you stress and money.

Legal Law Firm can:

  • Review your tenancy agreement
  • Explain your rights in clear, simple language
  • Prepare legal notices and represent you before the court or Rent Controller

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