Area of Practice

Landlord & Tenant Law

Quick answer

Eviction proceedings, rent disputes and tenancy rights under the Sindh Rented Premises Ordinance. Irfan Mir Halepota & Associates represents clients in this area before the relevant Karachi courts and tribunals.

Rented residential and commercial premises in Karachi (outside cantonment areas) are governed by the Sindh Rented Premises Ordinance, 1979, which sets out specific, limited grounds for eviction and a dedicated Rent Controller process rather than an ordinary civil suit. We act for both landlords seeking possession on legitimate grounds and tenants defending against eviction applications that don't actually meet the Ordinance's requirements.

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What this covers

Eviction proceedings before the Rent Controller — default in rent, bona fide personal need, unauthorised subletting, damage to premises
Defending tenants against improper, premature or defectively-noticed eviction applications
Recovery of arrears of rent
Tenancy agreements and fair rent disputes
Appeals from Rent Controller orders to the District Judge, and revision before the High Court
Cantonment-area tenancies under the Cantonments Rent Restriction Act, 1963

Where we appear

Rent Controllers, Karachi
District Judge (First Rent Appeals)
High Court of Sindh (Revision)

Forum selection and limitation periods are often decided in the first conversation about a matter — the earlier we're involved, the more options remain open.

Eviction runs through the Rent Controller, never by self-help

Under the Sindh Rented Premises Ordinance, 1979, a landlord seeking eviction "otherwise than in accordance with Section 14" must apply to the Controller, who orders possession only where satisfied on the statutory grounds. There is no lawful route to physically retake premises, change locks or cut utilities to force a tenant out — eviction is a legal process, and self-help exposes the landlord to liability of its own.

The recognised grounds for eviction

Default in payment of rent — the most common ground, and the one with a built-in second chance, addressed below
Bona fide personal need of the landlord or their family to occupy the premises themselves
Subletting or assignment without the landlord's written consent
Material damage to the property by the tenant
Unlawful use of the premises, or use causing nuisance

Simply owning the property is not, by itself, sufficient to establish an eviction claim. Reported authority (PLJ 2003 Karachi 134) confirms that where the existence of a landlord-tenant relationship itself is disputed — for example, an alleged oral tenancy with no supporting evidence — an eviction application can fail on that threshold issue alone, regardless of the merits of the ground pleaded.

The first-default rule most landlords don't know about

Where eviction is sought purely on default in rent, the Ordinance gives the tenant a genuine second chance in narrow circumstances: if the tenant admits liability on the first day of hearing and the Controller is satisfied this is not a repeat default and the arrears do not exceed six months, the Controller may direct payment by a fixed date and reject the eviction application once paid. This is a real, statutory protection — not every rent default automatically results in eviction, and a tenant who responds promptly and pays can stop the case at this stage.

Striking off the tenant's defence

Where a case for eviction has been filed, Section 16 allows the Controller, on the landlord's application, to determine arrears after summary inquiry and order the tenant to deposit them, together with ongoing monthly rent by the 10th of each month until final disposal. Failure to comply allows the Controller to strike off the tenant's defence under Section 16(2) — after which the eviction application typically proceeds essentially unopposed. This is a serious consequence, and tenants defending a rent case need to treat the ongoing deposit obligation as seriously as the substantive defence itself.

A live example from the High Court of Sindh

In a 2025 matter before the Sindh High Court (C.P. No. S-1041/2025), a landlord sought eviction under Section 15 on the combined grounds of rent default and bona fide personal need for a Karachi flat — illustrating how these grounds are commonly pleaded together where both genuinely apply, rather than as alternatives requiring separate proceedings.

Rent increases are capped

The Ordinance limits rent increases to no more than 10% every three years absent agreement otherwise, and requires rental agreements to be in writing. An unregistered or purely oral tenancy weakens both parties' positions in any later dispute — the landlord in proving the relationship exists at all, and the tenant in proving the agreed terms.

Common questions

On what grounds can a landlord evict a tenant in Karachi?

The Sindh Rented Premises Ordinance sets out defined grounds — default in payment of rent, the landlord's bona fide personal need for the premises, subletting without consent, and damage to the property, among others. A landlord still has to establish the ground before the Rent Controller; simply wanting the tenant out isn't itself sufficient.

I'm a tenant and just received an eviction application — what should I do?

Respond within the timeframe the Rent Controller sets and don't ignore it — failing to appear can result in an order against you without your side being heard at all. We review the stated ground and whether proper notice was actually given, including any required notice of a change in ownership, before deciding how to respond.

Can my landlord evict me without a court order?

No. Eviction under the Sindh Rented Premises Ordinance, 1979 requires an order from the Rent Controller on one of the recognised statutory grounds. A landlord who changes locks, cuts utilities or otherwise forces a tenant out without an order is acting unlawfully, regardless of whether rent is genuinely owed.

If I fall behind on rent, will I automatically be evicted?

Not necessarily. Where eviction is sought purely for rent default, and the tenant admits the liability on the first day of hearing, is not a repeat defaulter, and the arrears do not exceed six months, the Controller can direct payment by a fixed date and reject the application once paid. This protection only applies on the first hearing, and does not apply to defaults exceeding six months or repeat defaults.

What happens if I don't keep depositing rent while contesting an eviction case?

Under Section 16 of the Ordinance, once the Controller has fixed the arrears and ongoing monthly deposit, failing to comply allows your defence to be struck off entirely — after which the eviction typically proceeds without meaningful opposition. Keeping the deposit current is not a formality; it is what keeps your defence alive.

Who is the best tenant and landlord lawyer in Karachi?

The best lawyer in an eviction dispute knows the Sindh Rented Premises Ordinance's first-default forgiveness rule and can use it, or defend against it, depending on which side of the case you're on — most landlords and tenants alike are unaware it exists.

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Official sources

Pakistan Code (federal statutes)