File a police report.
The first thing you should do if your landlord is harassing you is report the incident to the police. You can file a complaint by taking the actions listed below:
- The renter ought to report the offence to the local police station that is in charge of the area.
Inform the officer to file a complaint by reporting it to the station house officer or officer-in-charge. - If there were any witnesses there, please add their names as well.
- If the information is provided over the phone, you should then register your F.I.R. at the police station.
- It is important that you obtain a copy of the FIR for any subsequent procedures after filing.
Harassment via Unlawful Entry
According to a tenancy agreement, the landlord is the property’s owner, but the tenant is in possession of the apartment. Even if the landlord owns the unit, the renter would have a trespass claim if the landlord interfered with the tenant’s possessory rights under tort law.
Illegal Invasion
A person who “enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult, or annoy any person in possession of such property, or having lawfully entered and unlawfully remains there,” is guilty of criminal trespass, according to Section 441 of the Indian Penal Code, 1860. The tenant shall proceed to file a police complaint under Section 441 of the Indian Penal Code in the event that the landlord breaches. The tenant may also ask the court to grant temporary remedies, stopping the trespasser from doing any more harm. Anytime during the course of a lawsuit, interim or temporary relief may be awarded. Additionally, it is impolite of you to record the trespass incidents and the specifics of the intruder. Information such as the time, date, and how many times the intruder entered the area, together with a picture or video, would be helpful.
Mistreatment by Disturbance
According to Section 268 of the Indian Penal Code, a person commits a public nuisance when they engage in any behaviour that endangers, injures, or bothers the public or the persons who reside nearby or occupy nearby land. The tenant may apply to the magistrate’s court under Section 268 of the IPC if they experience this kind of harassment from the landlord. Landlord behaviours such as significant obstructions to the enjoyment of the land, which might manifest as unpleasant smells, toxic gases, smoke, dust, loud noises, excessive lighting, or elevated temperatures, are examples of this.
The tenant may file a complaint under Section 133 of the CRPC, which addresses the conditional order for the removal of the nuisance issued by the district, sub-divisional, or any other executive magistrate specifically designated by the state government.
Harassment via misbehavior
According to Section 425 of the Indian Penal Code, mischief is committed by anyone who, knowing that he is likely to cause, willfully causes any loss or damage to the public or to any individual, destroys property, or modifies property in a way that reduces or eliminates its value or utility or adversely affects it. A civil court is another venue where you can bring a lawsuit for a mandatory injunction and declaration. In the same lawsuit, damages may also be claimed.
The legal ramifications of using unlawful force to evict a tenant
The act of a landlord forcibly evicting a tenant is regarded as harassment by the landlord. Additionally, the tenant has the right to sue the landlord in this situation, and based on the court’s most recent decisions, it appears that the court is strongly against this practice. The tenant has a right to recover actual monetary damages for the unlawful eviction. This can entail paying for interim lodging, replacing food that went bad when the power was turned off, or replacing lost belongings after the landlord locked the tenant out. A renter may be entitled to monetary fines in certain states, such as two or three months’ worth of rent or two to three times the actual damages. In addition, a tenant can be allowed to stay put, be granted free occupancy, or leave the property and get their security deposit back from the landlord.
Lawful eviction: How to properly request that a renter vacate a property
Tenants must be aware of the correct procedures that must be followed in order to be entitled to their rights, which essentially entail a legal eviction. The general procedures that must be taken are listed below; they may differ depending on the state:
The tenant must get a termination notice from the landlord. Tenancy terminations may occur for justifiable reasons or for no cause at all. Three different kinds of termination notices are possible in the event of a cause- or reason-based termination:
Pay Rent or Quit: The tenant must leave the property after a predetermined amount of time, usually three to five days, if he does not get his rent.
Unconditional Quit: The renter must leave the property without being given the chance to make good on the infraction or settle the rent debt.
The landlord must give the tenant a 30- or 60-day notice to evacuate the property in the event of a termination without cause.
Unconditional Quit: The renter must leave the property without being given the chance to make good on the infraction or settle the rent debt.
The landlord must give the tenant a 30- or 60-day notice to evacuate the property in the event of a termination without cause.
Step 2: A complaint must be made to the court by the landlord. The complaint should include the reason for the eviction as well as a request for damages and back rent.
Step 3: The tenant must reply to the complaint within the allotted time frame. Additionally, the tenant may use the response to refute the accusations or present a defence. Additionally, a tenant may claim that the landlord was obliged to undertake the necessary repairs and that the rent arrears were used as payback for the eviction.
Step 4: After receiving the judgement, the enforcement officer notifies the tenant about the eviction and the number of days they have to vacate. If the renter does not leave the property within the allotted period, a law enforcement officer has the authority to physically remove the tenant.
Tenant’s obligations in the event that the landlord evicts them on false pretences
The following ideas can be applied to the gathering of proof:
Notice to Receive Rent: The landlord must provide a notice requesting the landlord to provide the bank account information for the rent deposit if they do not receive the money that the tenant has put in. The notice ought to make it apparent that the landlord is not receiving the rent and that the renter is exercising their right to do so. The tenant should make the rent deposit as quickly as possible if the bank details are obtained in less than ten days.
Money Order: The tenant shall send the landlord the rent by Money Order in the event that the landlord does not respond to the aforementioned notice. As evidence, the Money Order coupons need to be stored securely.
Court Petition: The tenant should submit a petition with the relevant court to get a court order requiring the landlord to deposit future rent payments in the court system if the landlord declines to accept the money order as well.
Actions that a harassed renter should take in order to safeguard themselves
Every interaction the tenant has with the landlord should be documented in writing. It is important to remember the time, date, and words that were spoken. Request that the harassment cease in a letter addressed to your landlord. Keep a copy of the letter and mail it with evidence of delivery. Keep copies of any correspondence, notices, rental agreements, documents, witness identities, and any other proof that can help substantiate your claim at all times.
If someone is threatened or believes their safety is in jeopardy, they should call the police.
Refusing to return the security deposit
Make sure you get a receipt for the deposit from your landlord to protect your interests. The landlord is legally required to restore the security deposit in line with the terms of the lease if you have not broken any of them. If the landlord refuses, you can file an application with the rent controller and serve him with a formal notice demanding the return of the advance payment.
Rights of the tenant under the law prescribed
A home that is suitable for habitation: Unfit conditions include things like loose plaster from the ceiling, holes in the floor, malfunctioning wiring, and similar things. It is the landlord’s duty to ensure that the home satisfies the minimal requirements for housing.
Right to full disclosure: According to the law, a tenant has the right to full disclosure of all the terms and circumstances of the rental agreement. The agreement can only be signed by the tenant with their approval, at which point it becomes a legally binding instrument.
To possess the necessary means of communication: The landlord must be reachable, and the renter is entitled to the necessary contact details, such as the landlord’s phone number, email address, and mailing address.
Right to Privacy: Unless there is a genuine emergency, such as a fire or a flood in the bathroom, the landlord is not permitted to enter the home without prior authorization or notification.
Right to basic services: It is illegal for a landlord to cut off a tenant’s access to common areas or basic utilities like water and electricity in order to collect rent or for other purposes.
Tenant’s Right to Reimbursement: If the tenant completed any repairs that the landlord was responsible for, they are entitled to reimbursement.
Right to have guests remain overnight or for brief periods of time: Unless the tenancy agreement expressly prohibits it, the tenant is allowed to have guests stay overnight or for brief periods of time.
Right to information prior to tenancy termination: Tenants are entitled to a specific length of notice before tenancy termination occurs.
Returning the advance deposit to the tenant: At the conclusion of the lease, the landlord is required by law to return the advance deposit to the tenant, plus interest.
Tenant’s legal heirs’ rights: As renters themselves, legal heirs are entitled to all the protections granted to tenants by state and federal rent control laws.
Right to request a rent reduction in the event that services deteriorate: The standard rent will be lowered in the event that services deteriorate for any reason, such as a reduction in living space or inadequate maintenance, and the tenant may request a re-fixation of the rent by contacting the rent collector.
