Eviction Petition Law

Grounds for Eviction:

1. Non-Payment of Rent: Failure to pay rent for a period specified in the tenancy agreement or as stipulated by the ordinance.
2. Breach of Tenancy Agreement: Violation of any terms and conditions of the tenancy agreement by the tenant.
3. Personal Use: The landlord’s need to occupy the premises for personal use or for a family member.
4. Illegal Activities: Use of the premises for illegal or immoral purposes.
5. Unauthorized Subletting: Subletting the premises without the landlord’s permission.
6. Reconstruction or Demolition: The need to carry out significant repairs, reconstruction, or demolition of the premises.

Procedure for Filing an Eviction Petition:

1. Notice to Tenant:
   • Legal Notice: The landlord must serve a legal notice to the tenant specifying the grounds for eviction and providing a reasonable period (usually 30 days) for the tenant to rectify the issue or vacate the premises.
2. Filing the Petition:
   • Rent Controller: The eviction petition must be filed with the Rent Controller in Islamabad.
   • Content of Petition: The petition should include details of the tenancy agreement, grounds for eviction, and any supporting evidence (e.g., copies of notices served, proof of non-payment).
3. Court Proceedings:
   • Summons: The Rent Controller will issue a summons to the tenant, requiring their appearance in court for a hearing.
   • Hearing: Both parties present their evidence and arguments. The landlord must prove the grounds for eviction, and the tenant can contest the eviction.
   • Eviction Order: If the Rent Controller finds the landlord’s case to be valid, an eviction order will be issued, specifying a time frame for the tenant to vacate the premises.
4. Enforcement of Eviction:
   • Compliance Period: The tenant is given a specific period to comply with the eviction order voluntarily.
   • Execution of Order: If the tenant fails to vacate within the specified time, the landlord can request the Rent Controller to enforce the eviction order, potentially involving law enforcement.

Tenant’s Rights and Defenses:

1. Right to Contest: Tenants have the right to contest the eviction petition by presenting evidence and arguments to dispute the landlord’s claims.
2. Groundless Eviction: Tenants can challenge the eviction if it is based on false or insufficient grounds.
3. Protection Against Retaliation: Tenants can seek protection if the eviction is perceived as retaliatory, especially if they have exercised their legal rights (e.g., reporting property issues).

Appeals:

1. Appellate Authority: Either party can appeal the decision of the Rent Controller to the District Judge of Islamabad.
2. Grounds for Appeal: Appeals can be based on procedural errors, incorrect application of the law, or new evidence.