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If you want to file a complaint to the police against your landlord/licensor/tenant/licensee, you will have to go to the police station and file an FIR. You should make sure you give all the information you know about incident and trouble you have faced with either your landlord/licensor/tenant/licensee or a broker or any middle men involved while you were renting a house/flat.
Rajnikant
September 30, 2022
My tenant is not able to pay the rent to me due to which in turn I am also unable to pay the rent to my landlord. Plus my tenant is making nuisance in the society by not obeying society rules due to which society has given me a notice to get the tenant vacated, I have given notice not from the lawyer but made by me 2 times but still not ready to vacate the flat, my tenant has not given rent for 6 months in the gap of 2 months and now he is not able to pay the rent and police is also not ready to take an NC what should I do?? I am paying Emi on my flat plus rent on flat which is occupied by me from my landlord. Pls support
Nyaaya
October 7, 2022
If your tenant has failed to pay rent while being in possession of your property, then that is a breach of tenancy agreement that you and your tenant must have executed. He is no longer entitled to reside in your property. Even if there was no tenancy agreement, the tenant still does not have any right to reside in your property.
It does not matter if the notice that you gave to him was not made by a lawyer. The only thing that matters is having a written proof that you communicated reminders regarding payment of rent to your tenant. If you do not have written communications like this, then please start creating some.
The best course of action would be to send another legal notice demanding the rent and giving the tenant 10-15 days’ time to comply with the same. You must convey to the tenant that he/she must vacate the property and peacefully handover its vacant possession to you if he fails to pay the rent within those 10-15 days’ time period.
If your tenant fails to pay, you can file an FIR against him for criminal breach of trust and at the same time file a civil suit for recovery of accrued rent, eviction and mandatory injunction to peacefully handover possession of the property.
If you cannot afford a lawyer, you can reach out to your nearest District Legal Services Authority and they will help you get legal counsel.
If you do not want to fight the matter in court, you can also explore the option of “conciliation” wherein a settlement is reached between both parties through their consent and such settlement is legally binding in nature, and thus, enforceable in the court of law.
Alternatively, you can also file the matter at Lok Adalat, where there are no filing fees. The decision of Lok Adalat cannot be appealed against, however, if you are unsatisfied with the Lok Adalat decision then you have the right to file a court case.
Mohammad Idrees
February 5, 2024
Tenant not paying rent from 3 month and has taken his all belonging during night and locked up the room from 4month what can I do, please guide me
Alka Manral
April 18, 2024
Under Rent Controller Law, the act of the tenant not paying rent for two or more months is a justifiable ground for serving an eviction notice. Before taking any action like breaking the lock or removing the remaining belongings (if any) from the room, you need to issue a legal notice for the same and then if this notice is also violated, file a suit for eviction in civil court while making sure to get exparte orders. It is to note that only after that only after that you may get the possession of property by due process of law through court, which would be the safest way of evicting the tenant.
LEGAL NOTICE:
1. Adherence to Legal Format: The legal notice must follow the format prescribed in the Civil Procedure Code (CPC) and other relevant laws of India. It should contain details of both the landlord and tenant, the reason for termination, the notice period, and the consequences if the terms are not complied with.
2. Incorporation of Relevant Sections: To enhance the legal validity of the notice, it is advisable to reference specific sections of the Rent Control Act or other applicable laws. This provides clarity on the legal basis for the termination.
3. Emphasis on Specific Details: The notice should clearly state the grounds for termination and the necessary actions the tenant must take to address the issue, if applicable. For instance, if non-payment of rent is the cause, the notice should specify the outstanding amount.
4. The notice ought to be served to the tenant via a legally recognized method, such as registered mail with acknowledgment receipt requested, to ensure evidence of delivery.
5. Important documents required: Copy of lease agreement, Move-In inspection report, Rent Payment Records, Correspondence regarding lease violation.
Miss R
June 15, 2023
Will the policeman really help me? My landlord has been harassing me mentally by abusing, etc. But today, she pulled me out of the lift coz of a document she wanted, the lift has camera, but I don’t have access to the video, is an FIR going to help me? I am new in Mumbai. Just a month new. I have already paid the rent for the month, how do I know I will be safe, till the month ends. After this incident, how do I go back there? I am trying to make it in Mumbai, the rent i already paid is my salary. HELP ME OUT PLEASE!!!
Alka Manral
September 2, 2024
1. Filing an FIR (First Information Report):
– The landlord’s actions, including verbal abuse and physical intimidation (pulling you out of the lift), would amount to intentional insult with intent to provoke breach of peace, and criminal intimidation. These are sufficient grounds to fill an FIR.
– Evidence Collection: Although you don’t have direct access to the lift’s CCTV footage, you can mention this in your FIR. The police can request the footage if necessary.
2. Safety Measures:
– Protection: Request the police for protection if you feel threatened. They may be able to provide assistance or advice on ensuring your safety.
3. Legal Remedies:
– Civil Suit for Harassment: Under civil law, you may file a suit against the landlord for mental harassment and seek damages. You can consult a civil lawyer for this process.
– Consumer Protection Act: If your tenancy agreement is a form of consumer service, you can approach the Consumer Redressal Forum for grievances related to the landlord’s conduct.
4. Tenancy Agreement:
– Review Terms: Examine your rental agreement for any terms related to landlord behavior and tenant rights. This could be useful in both legal and negotiation contexts.
5. Legal Aid: If you cannot afford a lawyer, seek assistance from legal aid services or consult a lawyer who provides pro bono services.
Immediate Actions:
– Document Everything: Keep a record of all interactions with your landlord, including dates, times, and details of incidents. This will be crucial for any legal proceedings. Record phone calls, and take relevant screenshots of the chats
Kamal sood
June 23, 2023
Mera keraedar bijli ka bill deya Bina he bhag geya to abb kya kare bill amount 8000 ha…
Anu
July 27, 2023
My house owner is not giving me the current bill what should I do
Donesh
August 18, 2023
One of our 40 year old tenant abuses with filthy language and even attacked several times with the help of local antisocial elements I am suffering from neurological conditions with epilepsy and twice got TB due his behaviour . The property is in my father name he is not willing to file a complaint or case how can I get justice it is a small commercial shop rented to him by my
late grand father which is below our residency
Sikha
August 28, 2024
Hello, we hope you’re doing well despite the challenging circumstances. Your health and safety are very important, so please take care to prioritise that.
As you mentioned, the attacks of the tenant are directed towards you. Therefore, you can file a complaint without your father. Anyone who has suffered because of the tenant’s action can file a complaint.
The police may file a complaint under the following Bhartiya Nyay Sanhita, 2023 sections, depending on the facts:
S. 115 – Voluntarily causing hurt
S. 117 – Voluntarily causing grievous hurt
S. 352 – Intentional insult with intent to provoke breach of peace
S. 351 – Criminal intimidation
You may also file a civil case in the court to seek compensation for Assault and Battery. If the tenant or his associates have physically harmed you, this would constitute assault (threat of imminent harm) and battery (unlawful physical contact).
Remember to document everything and keep a record of evidence. Keep copies of your medical reports related to the stress and health issues caused by the tenant’s behaviour.
Roegshana Meyer
October 7, 2023
My tenants are living in my house in the main room for 5 to 6 months now they do not pay what I asked from the start on the 14th of September 2023 they had to move out it was there desition to move because they could not pay in full on the 14th they asked me if they can stay till the end of the month I said yes so end of the month came the man just said they don’t have a place yet and I must look for a place for them need help please
Alka Manral
September 2, 2024
Give them a notice in wriiten via email, whatsapp and hand delivered letter and ask them to leave within 30 days from the time you gave them the notice after the 30 days period if they have not moved out then you can approach the police to remove them from your property for trespassing as well as approch the court for getting the left over rent money which they have not yet paid you
Pragya
November 30, 2023
Hello,
My previous tenant never paid the rent on time, every time there is a pendency of nearly 4 months rent, even today last month rent is pending and has done lots of damages to my flat, any how I am successful to vacate my flat. Please suggest me how can a recover my rent amount and damages cost done by him?
Should I file an online FIR against him?
VEENA KUMARI
December 29, 2023
Can I file an Arbitration against my tenant unauthorisely occupied (even EXPIRY of “Rent Agreement” )my flat situated in Delhi .The Owner,a lady Senior Citizen of 70 years old, residing in Bengaluru. She want to settle back in Delhi. A Clause exists in the Rent Agreement ( already expired) that ” dispute will be referred to Arbitration in Bangalore only. May I file the eviction proceedings in Bangalore. Pl advise.
Alka Manral
June 25, 2024
If your agreement specifically provides for dispute resolution by arbitration barring litigation then you must proceed for arbitration assuming that such rent agreement is valid. Even if your rent agreement has expired, the arbitration clause is a self-contained contract ancillary to the main contract as is held in judicial precedents of previously decided cases such as M/s Roshin Lal Gupta & Sons (P) Ltd V/s Delhi Tourism & Transportation Development Corporation & Anr. Unless your arbitration agreement is held to be invalid or unenforceable then you may not proceed for arbitration. However, in your case it is highly advisable that you adhere to the terms of your arbitration clause and proceed for eviction proceedings via arbitration seated in Bangalore.
Senbagaraju
December 31, 2023
Iam India Tamilnadu… My complaint house (rent credit app) I will amount 2500₹no customer account this amount sending problem…………….. account 93 30 10000 98 18 70) branch IFSC code UTIB0001233 (support@cred.club) credit app Gmail ID please my refund amount this my complaint 🙏 credit app customer care my complaint
Alka Manral
June 25, 2024
Contact the customer support of the credit app through the provided email (support@cred.club) or within the app to report the refund issue. Include your account details, transaction information, and be persistent in seeking resolution. If the problem persists, consider reaching out to your bank and, if necessary, seek legal advice.
Monica Bhardwaj
January 4, 2024
We have recently vacated the flat and the landlady is not releasing the security deposit. Everytime she is coming with some excuses that we have not done this or that. We have submitted all the bills and also has requested her if some outstanding amount is there u can deduct from the security depost and release the rest of the amount. But she is just not doing anything. Also she is putting false accusations on us. Kindly guide us what we can do in this scenario.
Alka Manral
May 30, 2024
1. Last Attempts at Mutual Resolution: Before resorting to legal action, try a good faith discussion with your landlady. Explain your position, show her all the bills and other evidence, bring to her attention the clear terms for security deposit that you had mutually agreed to before starting your tenancy term (through oral or written agreement). Also consider proposing a compromise, or a middle position that benefits your landlady as well as you, without needing to go to the court.
2. If this doesn’t work, send your landlady a formal legal notice. Mention in the notice that you are aggrieved, that you have proof of all bills and other payments, and this is a last warning to return the security deposit.
3. If the landlady doesn’t act upon the notice, then you can go to the local district court and file a civil case. Remember, keep all your evidence (bills, etc.) well-documented in-advance, such if the need for fighting a legal case arises later.
Manoj
March 12, 2024
Hi, I have given a temporary accommodation to a person and the person agreed to pay full amount for the duration. Since he gave commitment I have booked room for him and rejected other potential candidates. But he didn’t visit the house and stayed there. He is not ready to give the full amount as we have agreed. Can I take a legal action on this? I need to get total 12k but he gave me only 5k.
Alka Manral
May 29, 2024
First, try convinving your tenant to pay the requisite amount. You can threaten eviction if they do not pay. You can also file a complaint to the police against your tenant. For this, you will have to go to the police station and file an FIR. You should make sure you give all the information you know about incident and trouble you have faced with your tenant involved while you were renting a house/flat. However, if you do not have a rent agreement, it might be a bit difficult for you to prove your case in the court. But you should ensure that you keep proof/receipts of any payments made, as well as records of any discussions you had with the tenant regarding renting the house/flat (Whatsapp/Email/Messages/Call Recordings). This will help prove your case.
Meghana Pastey
April 5, 2024
Hi, my landlord is not paying us our advance from last one and half month giving a silly excuse, we call him many time but never receive or he gives reply to ur text, and now he is saying he wil charge 25 k for paint purpose , which is too high for what he has rented the house for us, when we called our painter and asked him the cost of a high end price of our house which we stayed and and a labour charge he said it will come around 5 to 6k as house is not dirty and only single coat of paint can be done if land lord wants to paint , or else walls are clean no need to paint , when we said the same thing to land lord that we wil do a painting of the house on what ever paints he wil select, landlord said yes , n told we need to purchase a paints from were ever he gives the address, and labour will be from his end, he is completely harassing us from past months, which is disturbing and making mentally ill, when yest we had a word with him, he started to say that we can’t leave any house for 6 to 7 months duration , any one who decides to leave house should tell the landlord before 6 to 7 months prior, i have never hear anyone doing this kind of thing, we had spoken to the owner in the month of November that we wil be leaving house after a month, but he said we can’t we need to stay back till March and forcefully he made us to stay back , and wen we left house in March he started new drama again, he also keeping smoking and drinking n will makes us feel uncomfortable walking down the stairs , kindly help us, we r really facing huge damage with our selfs and don’t know what will happen for us, pls help us
Alka Manral
May 31, 2024
According to the Karnataka Rent Act, 1999 (Section 48) you only need to keep the house generally in a good condition and hand it over in the same state that you received it. Your landlord cannot tell you to paint it in a certain way or use a certain painter as long as it is restored in the same way. You could take this case up in the Rent Control Tribunal. Regarding the payment of advance, you can file a civil suit to recover that amount. Regarding the smoking, drinking and harassment by your landlord, perhaps Section 268 IPC (public nuisance) [S 270 as per the Nyaay Sanhita] could also be used.
Vishal Saxena
April 5, 2024
I am outside of India and I have my Flat in Bommanhalli, Bangalore which is currently occupied by some tenants since last two years. Since beginning they were not giving me rent on time, but i have not raised much concern as later but they were always paying me rent.
Now since last 2-3 months i am again getting same problem and they are not paying me rent on time, i am keep calling and approaching them but they are not responding me. My Agreement term has also completed and even after asking they are not responding. All my communication is happening via whatsApp only as of now.
Need help handing this scenario and take legal action to get my apartment vacated ASAP.
Please guide.
Alka Manral
May 31, 2024
The tenant is staying in the flat even after elapsement of the tenancy. With the help of a lawyer, you can file a suit for eviction under Section 27 (2) (q) of the Karnataka Rent Control Act 2001, which allows the court to pass orders for eviction if the tenant does not vacate the premises after the date on which they have agreed to evict the flat.
RK
August 22, 2024
I was staying in Bangalore, have vacated and left the house (informed the landlord in advance of 1.5 monts about it) in proper condition along with some extra luggage ( bed sheet set, utensils, laundry items etc.). I had a pet cat which the landlord allowed. Which caused some damage to a coconut husk sofa. Now the landlord is charging extra amount for painting (one month rent) even after the walls are in proper condition. The rent agreement expired and he did not communicate any new or old terms for us to agree upon. Please help
Thekokazi
September 4, 2024
The owner of RDP passed away on 2007 and then 2008 his boyfriend came to me and ask to stay in this RDP I’m fortunately his boyfriend married his leaving with two sons so we have an agreement to stay in this RDP, this year when I go there I found out this man passed away last year and some tenants in this RDP so what can I do in this situation because his sons ran away from me how can I solve this matter I do have death certificate for my aunt, I checked in municipality only the owner written no benefiary
Gaurav Sharma
September 9, 2024
Landlord is not refunding security deposit in hardiwar , uttrakhand. where to file complaint
Muralidharan
September 20, 2024
Hi
I have a situation wherein the tenant was asked to vacate after 4 months of occupancy owing to my initiation of sale of the property. For this had handed him notice as per tenancy agreement too. He objected and claimed to be in distress and suggested to adjust the advance against the rent during the period of notice. Upon completion of notice he still alleged that I didn’t honour the agreement of tenancy posted for 11 months and objected to pay rent further and Wanstead to continue to stay till the advance amount is completely adjusted to the stay till 5 months. Post this period, he came up with the theory of interested in sale and initiated a sale agreement with not honouring twice the commitment made with no token advance initiated and continue to stay at the property 5 months post the last date of agreed vacationing timeline of the property. He continues to linger the sale proceedings and not paying rent too. Am concerned as to how to initiate either the sale or the eviction of his intention is otherwise.
Pls suggest way forward.