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What kind of remedy can I avail of if my tenant does not pay the monthly rent? Can I throw him out of the house without the permission of the court.?
You should give him notice to evict house and if he does not evict house then through court by filing eviction petition
LowerCourt/District Court | 242/A, District Court Faisalabad
City: Faisalabad | 7-10 Years Experience | B.A, LL.B,LL.M (-)
Yes, you can evict your tenant on this ground without court's permission but with proper Eviction Notice and time prescribed under Tenancy Agreement.
High Court Sindh | R-5, Sumaira Bungalows, Scheme 33, Gulzar-e-Hijri, Karachi
City: Karachi | 3-5 Years Experience | B.A, LL.B (-)
Send a Legal Notice File an Eviction Petition
LowerCourt/District Court | NEW GHALLA MANDI RAOD LODHRAN
City: Lodhran | 1-3 Years Experience | B.A, LL.B (-)
You may file ejectment and recovery of rent under rent laws before the rent controller
High Court Lahore | Ashfaq Law Association session Courts Bahawalnagar
City: Chishtian | 3-5 Years Experience | B.A, LL.B,LL.M (-)
Well, the remedy you can avail is to file an eviction petition before the rental turbinal, and for that there is a proper procedure, and as far as the concern about throwing him out without court orders is not permissible, as your this action would be extra judicial, which illegal. The procedure you can follow is: draft a formal written notice to the tenant, mention the specific reason i.e. non payment of rent and give suitable time to evacuate the house. Even afterwards the tenant refuses to empty, file an eviction petition before the Rent Tribunal (Rent Controller) in the jurisdiction where the property is located. Attach the tenancy agreement, proof of ownership, and the legal notice. Then Rent Tribunal will issue notices to the tenant, directing them to appear. The tenant must file an application seeking "Leave to Defend" to contest the eviction. If they do not file, or if the Tribunal rejects their application, an immediate eviction order is typically passed. If the Tribunal grants the leave to defend, both parties will submit their evidence, including documents and witness testimonies, followed by cross-examination. After hearing final arguments, the Rent Tribunal will pass its order. If the eviction order is granted but the tenant does not leave the house, then, file an execution petition. The Tribunal will issue warrants of possession, utilizing police assistance if necessary to physically evict the tenant.
Lower Court/District Court | Office No. 1 to 9, 2nd floor, 16-Edward road Lahore, , , Lahore, Pakistan
City: Lahore | 1-3 Years Experience | LL.B (Honours) (-)
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