A group of three tenants, all women, had been occupying a 2-bedroom apartment for nearly three years after inheriting the tenancy from previous occupants who had warned them of several warning signs but due to urgency they proceeded. As their lease period was ending, they faced escalating difficulties with their landlord, who became increasingly uncooperative and confrontational during the move-out process.
Advice in such cases
- 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.
- Keep all rent receipts, lease agreements, and any related communication with the landlord meticulously preserved.
- Document every interaction with the landlord, especially if any threats or unfair demands are made.
- Attempt to resolve disputes amicably, but do not hesitate to seek legal remedies if the landlord violates the terms of tenancy.
Applicable Sections of Law
The tenancy dispute is primarily governed under the Residential Tenancy and Rent Control Act 2023 (BNS), which outlines the rights and responsibilities of tenants and landlords, including procedures for eviction, security deposits, and dispute resolution mechanisms.
If you are the complainant
- 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 a formal complaint under the BNS Act provisions regarding landlord disputes at your local Rent Control Authority or appropriate tribunal.
- Provide all relevant evidence such as the lease agreement, payment proofs, and any correspondence to support your claim.
- Request the authority to mediate or adjudicate the dispute to prevent unlawful eviction or unfair financial demand.
If you are the victim
- 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.
- Secure photographic evidence of the property condition at move-in and move-out to avoid disputes over damage claims.
- Keep records of all communications and interactions with the landlord.
- If the landlord attempts to unlawfully withhold security deposits or makes threats, immediately approach the Rent Control Authority or file a police complaint if necessary.
How the police behave in such cases
Police generally treat tenancy disputes as civil matters but in cases where criminal intimidation or harassment is involved, they can intervene as per the BNS Act 2023 guidelines. Cooperation with law enforcement officials is advised while they assess the situation based on complaint registration and applicable laws.
FAQs people normally have
What evidence is required?
You should maintain the lease agreement, rent payment proofs, written communications including messages and emails, photographs or videos of the property conditions, and any witness statements. These prove critical during dispute resolution under the BNS Act.
How long will the investigation take?
Investigation and resolution under the BNS Act typically take between 30 to 90 days depending on the complexity of the case and the efficiency of the Rent Control Authority or tribunal involved.
Advocate Sudhir Rao, Supreme Court of India