Purpose of Rent Laws.
Basic Purpose of Rent Law is to regulate the relationship of Tenant and Land Lord/land Lady or to regulate the relation of Tenant and the owner of the property, by imposing certain obligations and restrictions upon both of them, within the parameters of existing rent law.
Land Lord
Means the owner of property/premises and includes a person for the time being entitled or authorized to receive rent in respect of premises.
Tenant
Means a person who undertakes or is bound to pay rent as consideration for the occupation of a premises by him or by any other person on his behalf, and includes.
- Legal heirs of tenant in case of his death.
- A subtenant who is in possession of the premises or part thereof with the written consent of the landlord.
Rent
Includes arrears of rent, a utility bill and any amount that may be payable by tenant in relation to the tenancy.
Rented Land
Any land let separately for the purpose of being used principally for business or trade.
Rented premises.
Means a building or rented land not being agriculture land or land subservient to agriculture
Fair Rent
Means the rent of any building determined by the (Rent) controller
Where Rent Law is Not Applicable.
Where rent law is not applicable then proceeding against land lord or tenant in case of dispute, initiated under the civil law, and under the sections of Transfers of Property law.
Tenancy Agreement.
Means an agreement in writing (but in many case it is oral) by which a landlord lets out premises to a tenant
Difference between Lease Agreement and Rent Agreement
Often, the terms “lease agreement” and “rental agreement” are used interchangeably to mean the same thing. But the terms can refer to two distinct types of agreements. Both leases and rental agreements are contracts that are legally binding. But each serves a very different purpose. Below we will go over the key differences between a lease and a rental agreement.
Lease Agreement.
A lease is a contract between a tenant and landlord that gives a tenant the right to live in a property for a long period of time
Rent Agreement.
Unlike a long-term lease agreement, a rental agreement provides tenancy for a shorter period of time
Contents of the tenancy/Rent/Lease agreement?
Following are important contents of Tenancy/Rent/ Lease agreement.
- Basic details of landlord and tenant ((Name, CNIC, Residence etc.)
- Description of the rented premises
- Duration of tenancy
- Rate of rent
- Rate of rent enhancement
- Mode of payment and due date of payment of rent
- The amount of advance payment and security deposit (if any)
- Any other important content on which they mutually agree.
Subletting the Property
Subletting refers to the act of a tenant renting out the property to someone else. This is illegal in most cases, as a tenant has no right to sublet the property to someone else without the landlord’s consent.
However, if the landlord agrees to it, tenant can sublet the property, but it should be done through a written agreement. Without a written document, a landlord can take you to court for subletting, even if they verbally agreed to sublet the property before.
Rights and Duties of Land lord.
- Provide the certified copies of the tenancy agreement to the tenant.
- Repair the premises as may be necessary.
- Pay the tax fee charges under the law.
Landlord shall not
- Cut off; suspend the utility or easement of the premises.
- Enter the premises without giving the tenant a reasonable notice.
Rights and Duties of Tenant
- To keep the premises in a good condition, except for normal wear and tear.
- Use the premises for the purpose for which it was let out
- Allow the landlord to enter the premises for the purpose of inspection or repair.
- Not cause nuisance to the neighbors of the premises
- Not make structural changes in the premises without the written permission of land lord
- Hand over the vacant possession of the premises to the landlord on the determination of tenancy
Grounds for Eviction of Tenant
Followings are the grounds for eviction of Tenant.
- Failure to pay the rent on the due date.
- The rental agreement has expired, and the landlord disagrees
- with renewing the contract.
- Using the property for illegal practices.
- Violation of any clause stated in the rental agreement
- Subletting the property without taking the landlord’s consent.
- Damage to the property may lead to the devaluation of the overall
- Land lord needs the property for his/her personal bonafide need.
- Used the premises for a different purpose other than the purpose for which the property was rented out
Different Rent Laws in Pakistan.
- Islamabad Rent Restriction Ordinance 2001.
- Punjab Rented Premises Act 2009.
- Sindh Rented Premises Ordinance 1979
- Khyber Pakhtunkhwa Urban Restriction Ordinance 1959
- Khyber Pakhtunkhwa Restriction of Rented Buildings ( Security) Ordinance 2014
- Khyber Pakhtunkhwa hotels Restriction ( Security) Ordinance 2014
- Baluchistan Urban Rent Restriction Ordinance 1959
- Cantonments Rent Restriction Act 1963
- Azad Jammu and Kashmir Rent Restriction Act 1986
- Gilgit Baltistan Rent Restriction Act 2010
- The Accommodation and Allocation Rules 2002
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