How to Evict a Tenant in Khyber Pakhtunkhwa: 6 Grounds and a 4 Month Limit

Short answer: A landlord in urban Khyber Pakhtunkhwa cannot throw out a tenant on his own. He must apply to the Rent Controller under section 13 of the 1959 Urban Rent Restriction Ordinance and prove one of six grounds, or that he needs the place in good faith. The Controller can allow up to 4 months to vacate.

A landlord in Mardan or Peshawar who changes the locks has broken the law, even if the tenant has not paid. The Ordinance says a tenant in possession shall not be evicted except through the Controller. This guide lays out what a landlord must prove, what a tenant can do, and what protects the tenant after the order.

We read the West Pakistan Urban Rent Restriction Ordinance, 1959 as published for Khyber Pakhtunkhwa (KP) on the KP Code (kpcode.kp.gov.pk) on 14 October 2026. For the process in Punjab, see how to evict a tenant through the Rent Tribunal. For the rent side in KP, see how to get fair rent fixed in Khyber Pakhtunkhwa.

Only the Rent Controller can order an eviction

Section 13(1) says a tenant shall not be evicted, even under a court decree, except under section 13 or 13-A. The landlord must apply to the Rent Controller. The Controller gives the tenant a reasonable chance to show cause before ordering anything.

Self-help eviction is a risk for the landlord. Cutting off power, water or gas can also break section 10, which stops a landlord from removing any service that forms part of the rent. Section 19 allows a fine for that breach, up to Rs 1,000.

The application names the building, the tenancy terms, the rent, and the ground. Attach the agreement and the rent record. The Controller can summon witnesses and documents with the same powers as a civil court.

Six grounds allow an eviction order

Section 13(2) lists the grounds: unpaid rent, subletting or misuse, damage to the property, nuisance to neighbours, the tenant leaving the place empty for 4 continuous months, and rebuilding with approval from the municipal body. If the Controller is satisfied, he can direct possession.

1. The tenant did not pay or offer rent within 15 days after the time fixed in the agreement. If there is no agreement, the Ordinance sets a longer period tied to the rent period.
2. The tenant sublet, passed on his rights, or changed the use, without the landlord's written consent.
3. The tenant did acts that harm the value or use of the building.
4. The tenant's acts or conduct are a nuisance to neighbours.
5. The tenant has left the building unused for 4 months in a row without good reason, except in a hill station.
6. The landlord needs it in good faith to rebuild and has the sanction from the municipal body or Urban Development Board.

Rent sent by money order counts as paid

The Explanation to section 13(2) treats electricity and water charges payable to the landlord as rent. It also says rent sent by money order, or deposited in the Controller's office, counts as duly tendered. A tenant whose landlord refuses rent should use one of these routes.

If the tenant admits on the first hearing that he owes rent, and has not defaulted before, the Controller must direct him to deposit all dues by a set date. Once he deposits, the Controller rejects the landlord's application. This gives a tenant who falls behind once a way to keep the home.

For the Sindh version of this advice, read how to pay rent when a landlord refuses it.

A landlord can also seek the place for personal use

Section 13(3) lets a landlord ask for possession if he needs a residential building in good faith for himself or his children. He must not already occupy another suitable residence in the same urban area, nor have left one without good cause.

For a shop or office, the landlord or his child must need it for their own business. If the lease has a fixed term, the landlord cannot apply before the term ends. The Controller can give the tenant a reasonable time to leave, up to 4 months in all.

A quick route exists against a tenant who owns his own house. If the tenant, his wife or a dependent child owns a residential building in the same urban area, the Controller must direct possession within four weeks of the application, after a summary enquiry.

Special rules help retired staff, widows and orphans

Section 13-A lets a landlord who is retired or retiring within six months, a widow or a minor child of a dead landlord send a written notice for personal use. The tenant must vacate in two months. If he does not, the Controller can order summary ejectment.

These cases are for residential buildings only. The landlord must apply within the time limits in the section, which run around six months from the death or retirement. A landlord with more than one residential building can use this route for one only. If he re-lets the place within one year to someone other than the old tenant, section 13-A(7) allows a fine of up to Rs 5,000, or the annual rent if larger.

Tenants have protections after the order too

If the landlord gets possession for personal use and does not move in within one month, or re-lets within two months, the evicted tenant can ask the Controller to restore possession. For a rebuilding order, the landlord must demolish within 4 months and build within 2 more years.

A landlord who fails to rebuild in time can be jailed for up to six months, fined, or both, unless he proves reasons beyond his control. The tenant may also apply for part of the new building, up to the area he held before, at a rent set by the Controller.

If the landlord's application was frivolous or vexatious, the Controller can order him to pay the tenant compensation of up to ten times the monthly rent.

Tenants must deposit rent by the 15th and appeals take 30 days

Under section 13(6), once an eviction case starts, the tenant must deposit all rent due, then the monthly rent before the 15th of each month until the case ends. A tenant who defaults and is the respondent has his defence struck off, and the landlord gets possession.

Either side can appeal the Controller's order to the District Judge within 30 days under section 15. There is no appeal against an order on the deposit of rent under section 13(6), or against an interim order. The District Judge can stay the order. After appeal, the order is final.

The Controller's orders are carried out by the civil court as if they were decrees. A landlord who obtained an order should not enter by force. He should ask the civil court to execute it.

Common questions

Can a landlord in Khyber Pakhtunkhwa evict me without a court order?

No. Section 13(1) bars eviction except through the Rent Controller. The landlord must apply, prove a ground, and let you answer. The Controller's order is then executed by the civil court.

How long can I stay after the Controller orders me out?

The Controller can allow a reasonable time, but not more than 4 months in total. The order sets the date. The time starts running from the order, not from the landlord's first request.

What if I cannot pay one month's rent?

Pay as soon as you can, and send it by money order or deposit it with the Controller. If you admit the debt at the first hearing and have not defaulted before, the Controller must give you a date to deposit and then rejects the application.

Can my landlord evict me because he needs the house for his son?

Yes, if the need is in good faith, he has no other suitable home in the same city, and the lease term has ended. The Controller must be satisfied. A tenant can contest it.

Does this apply to a shop?

Yes. The Ordinance covers non-residential buildings and rented land. Personal need for a shop must be for the landlord's or his child's own business, and he must not run another suitable place in the same city.

How do I appeal an eviction order?

File an appeal in writing to the District Judge within 30 days of the order. The judge can stay the order, and may require you to keep depositing rent while the appeal runs.

How we verified this

What we checked, where we read it, and what we could not confirm.

Last checked 14 October 2026. We read the full text of the West Pakistan Urban Rent Restriction Ordinance, 1959 as adapted for Khyber Pakhtunkhwa, on kpcode.kp.gov.pk, including sections 10, 13, 13-A, 13-B, 15 and 19. We did not check later case law or current Controller postings. Speak to a lawyer or the district court before you file.