There are also rights of Tenant under the Sindh Rented Premises Ordinance.
Tenant must ensure that he makes payment of the rent either through a crossed cheque, or where payment is made through some other mode, then a receipt must be obtained from the landlord. In case the landlord unlawfully or unjustifiably attempts to evict the tenant, the tenant may file a case in the competent court of law in Karachi in addition to availing other legal remedies as advised by his counsel.
Generally Landlord pressurize the Tenant to execute tenancy agreement for 11 months only, by saying and making estate agent as witness that this is law to execute agreement for 11 months only. There is nothing mentioned in any law book that the tenancy agreement must be executed for eleven months only.
There is no any provision of the Law that rent of the premises is to be increased 10 per cent after every eleven months. It is also an other practice is available in Karachi which is in violation of Sindh rented premises ordinance, that the landlord pressurizes the tenant to enhance rent at 10 per cent after every eleven months.
As per Law rent is to be increased 30 percent after completion of three years. If landlord increases rent as per his choice after eleven months, which is totally illegal and unjustified, the tenant can take the matter in the court for fixation of rent as per law and tenant can further claim for adjustment or recovery of amount, which is received by landlord in violation of law.
The tenant can also apply for fixation of fair rent if the landlord is receiving rent more then market value prevailing in locality.
There are many other rights available to the tenant, which can be discussed in detailed.
Irfan Mir Halepota, Advocate Supreme Court of Pakistan.
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