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

Ms. Anika Devi recently moved into a flat in the Sunstone Enclave district of Vardhanpur a few weeks ago. The landlord, Mr. Vikram Singh, resides in a neighboring city. Since her arrival, Ms. Devi has experienced increasingly aggressive and threatening behavior from Mr. Singh.

On one occasion, Mr. Singh erupted in a tirade upon discovering a guest, specifically stating that no male visitors were permitted on the premises. Later, he issued an eviction threat when Ms. Anika Devi pointed out the dilapidated state of the accommodation, including a damaged bed frame, cracked window panes, and a precarious balcony railing. Despite repeated requests, Mr. Singh has failed to provide a formal rent agreement.

Fortunately, Ms. Devi possesses digital records of all rent payments and the initial security deposit. Finding alternative suitable accommodation in Vardhanpur has proven challenging for Ms. Devi. She seeks clarity on her legal recourse should Mr. Singh continue his pattern of verbal abuse and unlawful eviction threats.

Advice in such cases 🧑‍⚖️

In situations involving landlord harassment and threats, it is crucial for a tenant to act strategically to protect their rights. Here’s what Ms. Anika Devi, or anyone in a similar predicament, should do:

• Document Everything: Maintain detailed records of all interactions with the landlord, including dates, times, and a summary of conversations. Save all text messages, emails, and WhatsApp chats. If possible and legal in your jurisdiction, record phone calls or in-person conversations, but always be aware of local laws regarding consent for recording.
• Do Not Vacate Under Pressure: Unless there is a direct threat to your physical safety, do not vacate the property solely due to verbal threats. An unlawful eviction requires due legal process.
• Send Formal Communication: Even without a written agreement, send a formal email or registered post to the landlord stating your concerns about the property’s condition, the harassment, and the lack of a rent agreement. Keep copies of all such communications.
• Seek Legal Counsel: Consult with a lawyer specializing in property and tenancy laws in your state. They can provide specific advice tailored to your situation and help you understand your rights under the applicable state tenancy laws.
• Inform the Police (if applicable): If the threats escalate to criminal intimidation or physical harm, file a police complaint (First Information Report – FIR) immediately.

Applicable Sections of Law 📜

While tenancy disputes are primarily governed by state-specific Rent Control Acts or the Model Tenancy Act (if adopted by the state), the threats and harassment aspect can fall under criminal law:

• Bharatiya Nyaya Sanhita (BNS), Section 115 (Criminal Intimidation): This section deals with threats made with intent to cause alarm to a person, or to cause that person to do an act they are not legally bound to do, or to omit an act they are legally entitled to do. Mr. Singh’s threats of eviction to compel Ms. Devi to vacate or to stop complaining about the flat’s condition could fall under this.
• Bharatiya Nyaya Sanhita (BNS), Section 116 (Punishment for Criminal Intimidation): This section prescribes the punishment for criminal intimidation, which can include imprisonment, fine, or both.
• State Tenancy Laws: Each state has its own specific laws governing landlord-tenant relationships. These laws dictate the terms of tenancy, rent, eviction procedures, and landlord responsibilities regarding property maintenance. Unlawful eviction, without following the prescribed legal procedure, is a violation of these laws, making the landlord liable for civil action.

If you are the complainant 🗣️

If you decide to initiate legal action, whether civil or criminal, as the complainant:

• Gather Comprehensive Evidence: Compile all documented evidence, including communication records, payment proofs, and photographs/videos of the property’s condition.
• File a Police Complaint (FIR) under BNSS: If the landlord’s actions constitute criminal intimidation (BNS Section 115), you can file an FIR under the Bharatiya Nagarik Suraksha Sanhita (BNSS). Ensure all relevant details and evidence are provided to the police.
• Initiate Civil Proceedings: For issues related to the rent agreement, property maintenance, and unlawful eviction threats, you may need to file a civil suit in the appropriate court (e.g., Small Causes Court or Civil Court) as per your state’s tenancy laws.

If you are the victim 🛡️

As the victim of such harassment, it’s essential to prioritize your safety and legal standing:

• Maintain Composure: Avoid engaging in heated arguments or retaliating, as this could escalate the situation or be used against you.
• Ensure Personal Safety: If you feel physically threatened, inform trusted friends or family, and do not hesitate to contact emergency services.
• Seek Immediate Legal Advice: A lawyer can guide you on the best course of action, whether it’s sending a legal notice, filing a police complaint, or initiating civil proceedings.
• Do Not Succumb to Pressure: Remember that a landlord cannot legally evict you without following proper procedures, even in the absence of a written agreement, if you have proof of tenancy (like rent receipts).

How the police behave in such cases 👮

Police response to landlord-tenant disputes can vary:

• Initial Hesitation: Police often categorize landlord-tenant disputes as civil matters. They may initially be hesitant to register an FIR unless there’s a clear indication of a criminal offense like criminal intimidation (BNS Section 115), assault, or breach of peace.
• Focus on Criminal Elements: For police to take action, the complaint must clearly articulate the criminal elements (e.g., specific threats causing alarm or forcing an unlawful act), not just general harassment or civil disputes over rent or property condition.
• Mediation Attempts: Sometimes, the police might try to mediate the situation to prevent a breach of peace, especially if the dispute is primarily civil.
• Importance of Evidence: Providing strong, documented evidence of criminal intimidation or other offenses significantly increases the likelihood of police taking concrete action, including registering an FIR under BNSS.

FAQs people normally have 🤔

• Can a landlord evict me without a written agreement? No. Even without a formal written agreement, if you have proof of regular rent payments, an implied tenancy is established. A landlord must still follow the legal eviction process as per state tenancy laws, which typically involves issuing a notice and obtaining a court order.
• Is a verbal tenancy agreement valid? Yes, a verbal agreement can be legally binding, but it is much harder to prove in court. Proof of rent payments and occupancy establish the landlord-tenant relationship.
• Can a landlord restrict my visitors? Generally, no. Unless explicitly stated in a valid, written rent agreement and agreed upon, a landlord cannot dictate who visits you, as long as your visitors do not cause nuisance or damage to the property. Restrictions like “no male visitors” are often unenforceable and discriminatory.
• What if the flat’s condition is poor and the landlord refuses repairs? The landlord is generally responsible for structural repairs and maintaining the property in a habitable condition. If they refuse, you can send a legal notice. Depending on state laws, you may be able to carry out repairs and deduct the cost from rent, or even terminate the tenancy.

What evidence is required? 📋

To build a strong case, collect the following evidence:

• Proof of Tenancy: Bank statements, UPI transaction records, or any digital transcripts showing rent payments and security deposit transfer to the landlord.
• Communication Records: Screenshots of WhatsApp chats, text messages, emails, or call logs documenting the landlord’s threats, abusive language, and refusal to provide an agreement or address repairs.
• Photographs and Videos: Clear images and videos documenting the poor condition of the flat (broken bed, window panes, balcony railing). Date-stamped evidence is preferable.
• Witness Statements: If any friends, family, or neighbors have witnessed the landlord’s aggressive behavior or heard the threats, their statements (affidavits) can be valuable.
• Previous Complaints: Records of any prior police complaints or legal notices sent to the landlord.

How long will the investigation take? ⏳

The duration of the legal process depends on the nature of the complaint:

• Police Investigation (for criminal intimidation): If an FIR is registered under BNSS, the police investigation could take a few weeks to several months, depending on the complexity of the case and police resources.
• Civil Suit (for tenancy issues): Civil cases related to tenancy can be protracted. They may take several months to a few years to resolve, especially if the landlord contests the claims vigorously. The duration largely depends on the court’s backlog, the number of hearings, and the cooperation of both parties.

Advocate Sudhir Rao, Supreme Court of India