Do You Know Your Obligations as a Tenant?
When people plan to move into a rental home, they accept having disputes with the landlords throughout the tenancy period as a part and parcel of this relationship. Though it sound a routine matter to us but, if we look deeply into the matter, we shall find the reason behind dispute is nothing else but the unawareness of our legal rights as landlords and tenants both. Awareness can make both parties avoid such heated discussions every time, be it from the tenant side or landlord side. In this post, I would explain about certain rights and obligations the tenants have under rental law in Pakistan.In Punjab, Punjab Rented Premises Act (PRPA) 2009 governs the matters related to rental premises. It provides rights to both parties and covers both residential and commercial properties. It is essential for every landlord in Punjab to register rental agreement with the Rent Registrar because in case of negligence, landlord can face serious issues such as what if the tenant refuses to vacate the property or damages the property. Despite the serious consequences that landlords can face, they avoid getting knowledge about this Act and even register the properties with the Rent Registrar
In case, landlord avoids preparing a rent agreement, the tenant must know how to prepare a valid rent agreement. Following are few points that you must consider:
- Complete contact details of landlord and tenant
- Description of the premises
- Period of tenancy
- Due date and mode of rent payment
- Rate of rent enhancement on per annum basis
- Purpose to rent out the premises
- Amount of total advanced rent payment & Security
- Bank account details, if rent is to be paid through bank
Paying Rent
Under Section 7 of Punjab Rented Premises Act 2009, to pay the rent, the tenant will have to follow the payment mode and the date mentioned in the tenancy agreement. In case, the date is not mentioned in the agreement, tenant will have to pay the rent before the 10th of the following month.
Rent Tribunal
As per Section 9 of the Act, the rent tribunal will only be liable to hear the complaints, if the tenancy agreement is made according to the given instructions. If the agreement is not prepared according to law, landlord can register a complaint in the tribunal after depositing a fine equivalent to 10 percent of the annual value of the rent of the building in the government treasury. Similarly, if a tenant wants to file a petition, he will have to deposit a fine equivalent to 5 percent of the annual value of the rent in the government treasury.
Obligations of Tenant
The Section 13 of the Act deals with the tenants' obligations. A tenant must keep the premises in the condition, in which it was let out. He should only use the building for the purpose it was let out. He should allow the landlord to enter the premises for the purpose of inspection and must handover the possession by the end of rental agreement.
If a tenant fails to fulfil any of these obligations, the landlord can give a written notice to the tenant specifying the act and remedial action to be taken by the tenant.