By Justify.pk Editorial Team | Reviewed by Zeshan Haider Advocate
Disputes between a landlord (مالک مکان) and a tenant (کرایہ دار) fill the rent courts of every district in Punjab. A tenant stops paying, a lease runs out, a shop is sublet without permission, or a landlord simply wants the property back. Some believe a landlord can simply lock the door; others think a long-standing tenant can never be removed. Both are wrong.
In Punjab, eviction (بے دخلی) is governed by the Punjab Rented Premises Act, 2009 (PRPA), and it can happen only through the Rent Tribunal (کرایہ ٹریبونل) on the grounds the Act allows. In Islamabad, the Islamabad Rent Restriction Ordinance, 2001 (IRRO) applies, with a Rent Controller instead of a Tribunal. This guide explains the grounds for eviction, the step-by-step court procedure, the deadlines that decide most cases, and the rights a tenant keeps throughout. For a broader overview of tenancy agreements, repairs and utilities, see our guide on rent laws in Pakistan.
Key Points at a Glance
- In Punjab, a landlord can seek eviction only on the six grounds in Section 15 of the PRPA, and only through the Rent Tribunal.
- Rent not paid within 30 days after it falls due is a ground for eviction. If the agreement gives no date, rent is due by the 10th of the following month (Section 7).
- A tenant who is served must apply for leave to contest (اجازتِ دفاع) within 10 days of first appearance. Missing this deadline usually means an eviction order.
- Once leave is granted, the tenant must keep depositing rent as ordered. Failing to do so leads to an immediate final order (Section 24).
- The Tribunal should decide within four months; an appeal lies to the District Judge within 30 days, and no further appeal lies after that under the Act.
- An unregistered tenancy can cost the landlord a fine of 10% of the annual rent (5% for the tenant) before the Tribunal will hear the case (Section 9).
- Self-help eviction, such as changing locks or cutting utilities, is unlawful.
Which Law Applies to Your Property?
Rent law in Pakistan is provincial, so first check which law governs the premises.
| Where the property is | Law | Forum |
|---|---|---|
| Punjab (urban and rural, except agricultural land) | Punjab Rented Premises Act, 2009 | Rent Tribunal (Special Judge Rent) |
| Islamabad Capital Territory (notified urban areas) | Islamabad Rent Restriction Ordinance, 2001, as amended in 2021 | Rent Controller |
| Cantonment areas | Cantonment Rent Restriction Act, 1963 | Rent Controller under that Act |
The PRPA covers residential and commercial buildings and business “rented land” across all of Punjab, but not agricultural land. The Rent Tribunal has exclusive jurisdiction (Section 16(4)), so an ordinary civil suit for ejectment is the wrong route.
Grounds for Eviction in Punjab (Section 15 PRPA)
Section 15 lists the only grounds on which a landlord may seek eviction. The landlord must plead and prove at least one of them:
- Expiry of the tenancy period. If the written tenancy agreement was for a fixed term and that term has ended, the landlord can seek eviction.
- Default in rent. The tenant has not paid or tendered rent within 30 days after the date it was due under Section 7. “Rent” includes arrears, utility bills and other amounts payable under the tenancy (Section 2(h)).
- Breach of a term of the tenancy agreement, such as running a business from a house when the agreement forbids it, or ignoring another express condition.
- Violation of a tenant’s statutory obligation under Section 13: damaging the premises beyond normal wear and tear, refusing the landlord entry for inspection or repair, causing nuisance to neighbours, making structural changes without written consent, or not handing over possession when the tenancy ends.
- Change of use. Using a house as a shop, or a shop as a warehouse, when it was let for a different purpose.
- Unauthorised subletting (ذیلی کرایہ داری) of the whole or part of the premises without the landlord’s prior written consent (Sections 11 and 15(f)).
Notice what is not on the list. Unlike the old Punjab Urban Rent Restriction Ordinance, 1959 and unlike the Islamabad law, the PRPA does not contain a separate ground of “personal bona fide need”. In practice, a Punjab landlord who wants the property for his own use relies on expiry of the agreed term. This is one reason a clear, fixed-term written agreement matters so much.
When is rent “in default”?
Section 7 sets the default timeline. Rent must be paid by the date and in the mode written in the agreement. If no date is written, it must be paid by the 10th of the following month. If no mode is written, it must be paid by money order or deposit into the landlord’s bank account. Eviction for non-payment arises only after a further 30 days have passed. Pay through the bank wherever possible; cash without receipts causes most disputes.
The Registration Trap: Section 9 Fine
Section 5 says a landlord must not let premises except through a written tenancy agreement (کرایہ نامہ), and must present it to the Rent Registrar, who enters it in a register and stamps it. A registered agreement, or its certified copy, is proof of the landlord-tenant relationship.
If the tenancy does not conform to the Act, Section 9 says the Rent Tribunal will not entertain the case until the applicant deposits a fine in the government treasury:
- Landlord: 10% of the annual rent.
- Tenant: 5% of the annual rent.
For a house let at Rs 40,000 a month, that is Rs 48,000 for the landlord. The fine does not end the case; it is a condition for being heard. Oral tenancies are not void, but they are hard to prove. In a 2022 decision reported as PLD 2023 Lahore 720, the Lahore High Court dismissed a landlord’s petition because he could not prove that the occupant had ever agreed to pay rent. Ownership alone does not make the occupant a tenant.
Step-by-Step: How an Eviction Case Runs in Punjab
- Written notice (recommended). For a breach of obligation, Section 13(2) lets the landlord serve written notice describing the breach and the remedy required within a stated time. It is not required for every ground but builds a strong record.
- Filing the eviction application. The landlord files before the Rent Tribunal of the area (Section 19). The application must state the facts concisely, the relief sought, and attach copies of all relevant documents, plus the landlord’s affidavit and affidavits of no more than two witnesses.
- Notice to the tenant. The Tribunal issues notice for appearance within 10 days, through process server, registered post and courier, with copies of the application (Section 21). If he avoids service, notice can be affixed on the premises or published.
- Leave to contest. The tenant must file an application for leave to contest within 10 days of first appearance, in the form of a written reply with his affidavit, documents and up to two witness affidavits (Section 22). The Tribunal decides it within 15 days. Leave is granted only if the reply shows grounds that need oral evidence.
- Deposit of rent. When leave is granted, the Tribunal directs the tenant to deposit rent due and keep depositing it in the landlord’s bank account or in court until the final order. If the amount is disputed, the Tribunal fixes it tentatively. It can also order payment of unpaid utility bills (Section 24).
- Evidence. Affidavits stand as evidence-in-chief; the other side may cross-examine. No party gets more than two opportunities to produce evidence (Section 25).
- Final order. The Tribunal should decide within four months of filing; if it does not, it must hear the case day to day (Section 27).
- Appeal. Either side may appeal to the District Judge within 30 days. The appeal should be decided within two months, and the appellate court may suspend the order in the meantime (Section 28).
- Execution. The Tribunal executes its order like a civil court decree (Section 31), which is how a tenant who refuses to leave is finally removed.
The deadlines that decide most cases
| Deadline | Time limit | What happens if it is missed |
|---|---|---|
| Leave to contest | 10 days from first appearance (S. 22) | Tribunal passes final order, usually eviction |
| Setting aside an ex parte order | 10 days from knowledge (S. 21(4)) | The ex parte order stands |
| Deposit of rent as directed | Date fixed by the Tribunal (S. 24) | Final order “forthwith”, without a full trial |
| Appeal | 30 days from final order (S. 28) | Order becomes final |
In a 2023 ruling reported as 2024 CLC 230, the Lahore High Court held that parties must attach all their documents at the start, with the eviction petition or leave application, and cannot add evidence later as a matter of routine.
Rights of a Tenant Facing Eviction
A tenant in Punjab has the right to:
- Stay until a lawful order. Only the Rent Tribunal can order eviction, and only on Section 15 grounds.
- Keep utilities connected. Under Section 12(2), a landlord must not cut off, suspend or withhold an amenity, utility or easement without just cause. The Tribunal can order restoration or allow the tenant to restore it and deduct the cost from rent (Section 12(4)).
- Necessary repairs. Subject to the agreement, the landlord must keep the premises habitable. If he fails, the Tribunal can let the tenant carry out repairs and deduct the cost.
- Deposit rent in court if the landlord refuses it. Section 20 allows a tenant to apply to the Tribunal to deposit rent when the landlord will not accept it. This protects against a manufactured “default”.
- Adjustment of advance, security or pagri (پگڑی). The final order may deal with advance rent, security and pagri (Section 2(b)), so these claims should be raised in the leave application with proof.
- Protection for legal heirs. On the tenant’s death, heirs who continue in occupation are treated as tenants (Section 2(l)).
What if the landlord uses force?
Changing locks, removing belongings or disconnecting electricity is not a lawful way to end a tenancy. A tenant facing this can apply to the Rent Tribunal under Section 12 for restoration of utilities. A tenant who has actually been thrown out can file a suit for possession under Section 9 of the Specific Relief Act, 1877 within six months of dispossession, and in suitable cases a complaint under the Illegal Dispossession Act, 2005. Our guides on illegal eviction by a landlord and suits for possession explain these remedies in more detail.
Eviction in Islamabad: How the IRRO Differs
Islamabad follows a different statute. Under Section 17(1) of the Islamabad Rent Restriction Ordinance, 2001, a tenant cannot be evicted except in accordance with that section. The main differences from Punjab are:
| Issue | Punjab (PRPA 2009) | Islamabad (IRRO 2001) |
|---|---|---|
| Forum | Rent Tribunal | Rent Controller, with mediation through a Mediation Council (S. 16A, added 2021) |
| Rent default | Not paid within 30 days after due date | Not paid within 15 days after agreed date, or 60 days if no agreement (S. 17(2)(i)) |
| Personal need | No separate ground | Available for the landlord or his family, if required in good faith (S. 17(4)) |
| Reconstruction | No separate ground | Available with CDA sanction (S. 17(2)(v)) |
| Summary eviction | No | For widows, minor orphans and retiring salaried landlords, on two months’ notice (S. 18) |
| Rent increase | As agreed | 10% automatic increase each year unless agreed otherwise in writing (S. 10) |
| Failure to deposit rent | Final order forthwith (S. 24(4)) | Defence struck off; landlord put in possession (S. 17(9)) |
| Appeal | District Judge, 30 days; no appeal on interlocutory orders | District Judge, 30 days; interlocutory orders also appealable after 2021 |
On expiry of a lease in Islamabad, the Supreme Court in a 2017 judgment reported as PLD 2018 SC 81 held that a tenant who stays on after the agreed period without the landlord’s express consent is in breach of the conditions of tenancy and liable to eviction under Section 17(2)(ii)(b).
Frequently Asked Questions About Tenant Eviction
Can a landlord evict a tenant without going to court in Punjab?
No. Under the Punjab Rented Premises Act, 2009, eviction is possible only through an order of the Rent Tribunal on one of the grounds in Section 15. Changing locks, cutting utilities or removing belongings is unlawful.
How many months of unpaid rent allow eviction in Punjab?
There is no fixed number of months. Under Section 15(b), a tenant is liable to eviction if rent is not paid or tendered within 30 days after the due date. If the agreement gives no date, rent is due by the 10th of the following month.
What is leave to contest in a rent case?
It is the tenant’s application for permission to defend the eviction case. Under Section 22 it must be filed within 10 days of first appearance, with an affidavit and documents. If it is not filed or is refused, the Tribunal passes a final order.
Can a landlord evict a tenant for personal use in Punjab?
The Punjab Act has no separate personal-need ground. A landlord who needs the property usually relies on expiry of the agreed tenancy period. In Islamabad, personal need is a ground under Section 17(4) of the Rent Restriction Ordinance, 2001.
Is an unregistered rent agreement valid in Punjab?
It can still be relied on, but under Section 9 the Rent Tribunal will not hear the case until the landlord deposits a fine of 10% of the annual rent, or the tenant 5%. The landlord must also prove the tenancy itself.
What can a tenant do if the landlord refuses to accept rent?
The tenant can apply to the Rent Tribunal under Section 20 to deposit the rent there. This prevents the landlord from later claiming default.
Important Sources
- The Punjab Rented Premises Act, 2009, Punjab Laws Online (Government of the Punjab).
- The Islamabad Rent Restriction Ordinance, 2001, Pakistan Code (updated to 18 April 2022).
- Lahore High Court, W.P. No. 30990 of 2022 (PLD 2023 Lahore 720), on proving the landlord-tenant relationship.
Conclusion
Eviction in Punjab is a fast, document-driven process with strict deadlines. A landlord wins by having a registered agreement, a clear ground under Section 15 and complete paperwork from day one. A tenant protects himself by paying rent through the bank, applying for leave to contest within 10 days and obeying every deposit order. In Islamabad the rules differ, so check which law applies first.
Speak to a qualified advocate before you serve a notice, file a case or respond to one. Justify.pk’s Property Law practice area connects you with verified advocates, and you can request a free legal consultation in confidence.
Legal Disclaimer: This article provides general legal information only and is not a substitute for advice from a qualified advocate.
Written for Justify.pk. For personalised guidance, get a free consultation at https://justify.pk/free-consultation or WhatsApp 0300-0779014.
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