If you are stuck in such a situation, here is what to do.

Ms. Anjali was excited to move to the city of Devgarh for her new job at “Innovate Solutions Pvt. Ltd.” After weeks of searching, she found a seemingly perfect apartment in the Amrapali neighborhood. The broker, Mr. Verma, showed her the place, but Anjali noticed that the apartment was fully furnished with personal belongings, including clothes in the closets and utensils in the kitchen. When she asked, Mr. Verma vaguely mentioned that the previous tenant had to leave in a hurry due to a family emergency and would have their things collected soon. He pressured her to pay the security deposit immediately to “lock in” the deal. Anjali felt uneasy, wondering if the property was truly vacant or if she was about to walk into a dispute with a previous tenant or, worse, a rental scam. She was unsure if there was any official way to verify whose name the current rent agreement was under.

Advice in such cases

Navigating the rental market requires caution. If you find yourself in a situation like Anjali’s, it is crucial to verify everything before making any financial commitment.

• Demand Ownership Proof: Ask the person claiming to be the landlord to provide proof of ownership. This can be a copy of the Sale Deed, Title Deed, or the latest property tax receipt. Verify the name on these documents matches the landlord’s identification.
• Check Previous Tenancy Status: Politely ask for a copy of the termination notice served to the previous tenant or the previous rent agreement to see the official end date. This clarifies if the property is legally vacant.
• Speak to the Neighbours: Neighbours can be a valuable source of information. You can casually inquire about the property, the landlord, and the previous tenants.
• Insist on a Written Agreement: Never proceed with a tenancy based on a verbal promise. Always insist on a comprehensive, written rent agreement that clearly outlines all terms and conditions. For tenancies longer than 11 months, the agreement must be registered.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Physical Inspection Before Payment: Do not pay a security deposit or advance rent until the property is completely vacant, cleaned, and ready for you to move in, as promised.

Applicable Sections of Law

Several Indian laws govern rental agreements and related disputes:

• The Transfer of Property Act, 1882: Section 105 of this Act defines a lease (rent agreement) and outlines the rights and liabilities of the lessor (landlord) and lessee (tenant).
• The Indian Contract Act, 1872: A rent agreement is a legally binding contract. Its validity is governed by the principles of this Act. Any fraud or misrepresentation by the landlord can make the contract voidable.
• The Registration Act, 1908: Section 17 makes it mandatory to register a rent agreement if the lease period is for one year or more.
• Bharatiya Nyaya Sanhita (BNS), 2023: If the landlord intentionally deceives you into paying money for a property they are not authorized to rent, it can amount to cheating. Section 318 of the BNS, which deals with cheating and dishonestly inducing delivery of property, would be applicable.
• State-Specific Tenancy Acts: Many states have their own tenancy laws (e.g., The Model Tenancy Act, which states are adopting) that regulate rent, eviction, and the responsibilities of landlords and tenants.

If you are the complainant

If you are the prospective tenant facing this uncertainty, here are the steps to protect your interests:

• Do Not Transfer Funds: Refrain from paying any token amount, deposit, or advance rent until all your doubts are cleared and you have verified the landlord’s credentials and the property’s availability.
• Document Everything: Keep a record of all your communications with the broker and the landlord, including text messages, emails, and call logs.
• Formal Verification: If possible, visit the local Sub-Registrar’s Office to conduct a title search on the property to verify the legal owner. This is a definitive way to confirm ownership.
• Walk Away if Necessary: If the landlord or broker is evasive, creates undue pressure, or refuses to provide documents, it is a major red flag. It is better to walk away from the deal than to get entangled in a legal dispute.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you have already paid money and later discovered you have been scammed (e.g., the person was not the real owner, or the previous tenant hasn’t vacated), you are a victim of fraud.

• Gather All Evidence: Collect your rent agreement (if any), payment receipts, bank transaction details, and all communication records with the fraudster.
• File a Police Complaint: Go to the local police station and file a written complaint, which can lead to the registration of a First Information Report (FIR) under Section 318 of the BNS for cheating.
• Inform Your Bank: If you made a payment through a bank transfer, inform your bank about the fraudulent transaction immediately.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Civil Remedies: Alongside the criminal complaint, you can file a civil suit for the recovery of your money, along with damages for the harassment and mental agony caused.

How the police behave in such cases

The police response can vary. Initially, they may view the matter as a civil dispute, especially if a rent agreement exists, and advise you to go to court. However, you must insist that it is a case of criminal fraud and cheating. If you present clear evidence of deception—for instance, proof that the person who took your money is not the property owner—the police are more likely to register an FIR. They will then investigate the matter by summoning the accused, recording statements, and collecting evidence as per the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

Is there a government portal to check whose name is on a rent agreement?

No, there is no single, centralized national portal for the public to check active rent agreements. Rental agreements, especially those for 11 months, are often not registered. Registered agreements are recorded at the Sub-Registrar’s Office, and accessing these records can be a cumbersome process. Verification relies primarily on due diligence by the tenant.

What if the landlord refuses to show the property ownership documents?

This is a major warning sign. A legitimate landlord will have no reason to hide ownership proof. If they refuse, it is best to not proceed with the rental transaction, as they may not have the legal right to rent out the property.

Can I be evicted if the previous tenant’s agreement was not properly terminated?

Yes. If the previous tenant has a valid, ongoing lease, they have the legal right to occupy the property. If you move in, you could be considered a trespasser, and the landlord could face legal action from the previous tenant. This is why verifying the vacancy status is critical.

What evidence is required?

To prove your case, whether to the police or in court, the following evidence is vital:

• Proof of payments made (bank statements, UPI transaction history, receipts).
• All written communication (WhatsApp chats, SMS, emails) with the landlord and broker.
• The rent agreement, even if it is unregistered.
• Any ownership documents the landlord may have shared.
• Contact details of any witnesses, such as neighbours who can attest to the situation.

How long will the investigation take?

A police investigation under the BNSS has prescribed timelines, but these can be complex and subject to delays. A straightforward cheating investigation might take a few months to conclude before a chargesheet is filed. However, a civil lawsuit for the recovery of money is a separate process and can be lengthy, often taking several years to be fully resolved by the courts.

Advocate Sudhir Rao, Supreme Court of India