Tenancy Series: When The Tenant Annoys Neighbors
As discussed in the earlier post touching the topic of eviction, a tenant can be kicked out of the house on certain grounds. One of such grounds is causing trouble with the neighbors. Section 15(2)(v) of the Sindh Rented Premises Ordinance 1979 empowers the court to evict a tenant if he is causing nuisance. Here is the relevant extract:
The Controller shall make an order directing tenant to put the landlord in possession of the premises ... if he is satisfied that ... the tenant has indulged in such activities as are causing nuisance to the neighbours.
Section 15, SRPO
The landlord can avail this section by filing an application for ejectment under Section 15 before the Rent Controller (= court). In this section, the words “such activities” include each and every activity which is causing nuisance in the neighborhood. Nuisance is an unreasonable interference with another’s use or enjoyment of land. The landlord needs to prove these three things in order to obtain an eviction order against his tenant:
- That the tenant caused an indirect interference with the enjoyment of the land of neighbors;
- That the interference was unreasonable; and
- That this interference caused damage to the neighbors.
If the court is satisfied that the tenant has indeed annoyed his neighbors and has caused them inconvenience, it will order him to vacate the premises within a specified period.
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