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

Mr. Alok Verma runs a thriving e-commerce and offline retail business called “Verma Enterprises” in the city of Anandpur. To manage his inventory, he leased a small shop from his landlord, Mr. Dinesh Singh. The property was explicitly rented for commercial use as a warehouse. The tenancy is supported by a commercial electricity meter, and the formal lease agreement clearly states its commercial nature. Furthermore, Mr. Verma’s business is registered under GST with this shop’s address as a place of business.

Recently, Mr. Singh has started insisting that Mr. Verma sign a new rent agreement that would reclassify the property as residential. This change is unacceptable for Mr. Verma, as it would create significant legal and compliance issues for his GST registration and business operations. The landlord’s motive is unclear, but it puts Mr. Verma in a difficult position, forcing him to consider his legal rights and whether he needs to relocate his business operations.

Advice in such cases

• Review the Agreement: Carefully read your existing commercial rent agreement. The terms and conditions documented in it are legally binding on both you and the landlord.
• Written Communication: All your communication with the landlord regarding this issue should be in writing (email, registered post). This creates a record of his unreasonable demands.
• Do Not Sign: Do not sign any new agreement under pressure that changes the nature of the tenancy from commercial to residential, especially when your business is registered at that address.
• 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.
• Practical Solution: While you have legal rights, sometimes the most practical solution to avoid ongoing harassment is to find a new location. However, do not vacate the premises without fulfilling the notice period as per your agreement, and ensure you do so after consulting your lawyer.

Applicable Sections of Law

Landlord-tenant disputes, particularly concerning rent agreements, are primarily governed by civil laws. The key statutes include:

• The Transfer of Property Act, 1882: This Act governs leases of immovable property in India. Section 106 deals with the duration of leases and the requirement for notice to terminate them.
• The Indian Contract Act, 1872: A rent agreement is a contract. The landlord’s attempt to unilaterally change its fundamental terms constitutes a breach of contract.
• State-Specific Rent Control Acts: Many states have their own Rent Control Acts that provide specific protections to tenants and lay down the grounds for eviction. The applicability of these acts often depends on the rent amount and the age of the building.
• Goods and Services Tax (GST) Act, 2017: Having a valid address for the principal place of business is a mandatory requirement under GST law. Any change could lead to non-compliance and penalties.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the landlord’s actions involve deceit or fraudulent intent from the inception of the agreement, provisions related to cheating (Section 318 of BNS) could potentially be invoked, though these matters are typically civil.

If you are the complainant

In this scenario, the tenant is the complainant or the aggrieved party. Here are the steps you should take:

• Gather Evidence: Collect all relevant documents, including the signed commercial rent agreement, all rent receipts, electricity bills showing a commercial connection, and your GST registration certificate.
• Send a Legal Notice: Through your lawyer, send a formal legal notice to the landlord. The notice should state that he is bound by the existing commercial agreement and must cease his attempts to illegally alter its terms.
• 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.
• File for Injunction: If you fear the landlord might take coercive measures like trying to forcefully evict you or cut off essential supplies, you can file a suit for a permanent injunction in a civil court to restrain him from doing so.

If you are the victim

As the tenant being subjected to such demands, you are the victim. Your primary goal is to protect your rights and your business.

• Stand Firm: Do not yield to pressure. Calmly and firmly communicate to your landlord that you will abide by the current agreement and will not sign a new one that misrepresents the nature of the tenancy.
• Continue Paying Rent: It is crucial to continue paying the rent on time as per the existing agreement. If the landlord refuses to accept it, you should consult your lawyer about depositing the rent in court to avoid being classified as a defaulter.
• Document Everything: Keep a log of all instances of harassment or pressure. If the landlord threatens you, it may become a police matter.
• 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.

How the police behave in such cases

The police generally view landlord-tenant disputes as civil in nature. They will not intervene to enforce the terms of a rent agreement. Their primary role is to maintain law and order. You should approach the police only if the landlord’s actions escalate to criminal offenses such as:

• Criminal intimidation or threats (Section 341 of BNS).
• Wrongful restraint or confinement (Sections 361-362 of BNS).
• Forceful and illegal dispossession (trespass).

In such cases, the police may register a complaint, but they will still advise you to seek remedy for the contractual dispute in a civil court.

FAQs people normally have

• Can a landlord change the agreement terms midway through the lease?
  No, a landlord cannot unilaterally change the fundamental terms of a mutually signed agreement. Any changes require the consent of both parties.
• What if the landlord wants to change the agreement for tax purposes?
  The landlord’s reasons, whether for saving on property tax or any other purpose, do not legally entitle him to force you into signing a fraudulent agreement. Participating in such an act could also expose you to legal risks.
• Can I be evicted for refusing to sign the new residential agreement?
  No, you cannot be evicted on this ground. Eviction can only happen on grounds specified in the relevant Rent Control Act or the Transfer of Property Act, such as non-payment of rent, subletting without permission, or causing damage to the property.

What evidence is required?

Strong evidence is key to protecting your position. You will need:

• The original, signed commercial rent agreement.
• Proof of rent payments (bank statements, online transfer receipts, or physical receipts).
• Copies of commercial electricity bills for the premises.
• Your GST registration certificate that lists the property as a business address.
• Any written correspondence (letters, emails, text messages) where the landlord demands the change in the agreement.
• Photographs or videos of the premises showing its use as a warehouse/shop.

How long will the investigation take?

Since this is a civil matter, there is no “investigation” in the criminal sense. The timeline for resolution depends on the legal path you choose:

• Legal Notice: A lawyer can draft and send a notice within a few days. The landlord is typically given 15 to 30 days to respond.
• Court Case: If you need to file a suit for an injunction or declaration, the process is much longer. While a court might grant an interim stay against eviction relatively quickly (within weeks or a few months), the final judgment on the case can take several years to be resolved in the Indian judicial system.

Advocate Sudhir Rao, Supreme Court of India