Ex landlord is stalking and threatening
I was living in 4th floor, B 82, New Ashok Nagar, Delhi-110096.
I told my landlord that I will leave your flat around 20 days ago. I was suppose left that flat on 15th of the month and I gave him rental till that date. He asked me to give whole month rent and I refused as I don't have that much amount extra other than my budget. And I started shifting from 10th of the month. Somebody from that building told him that I absconding. I shifted my family and there was few stuffs left in that flat. I thought I will handover the key on 15th and will take those stuffs.
He intruded my flat and call me that you absconded and didn't tell us.
I told I didn't yet.
Then he ask me to give other 15 days rent too and ask me to met. I said, "I won't". He grouped me so I said yes. And later I blocked me.
Today he stopped my sister in market and ask me to pay the rest 15 days rent.
Kindly advice what should I do.
Asked 6 months ago in Property Law from New Delhi, Delhi
What are the terms of your leave and licence agreement?
What is notice period provided in agreement?
If landlord has molested you then file police complaint under section 354 of IPC which is punishable for imprisonment of not less than one year
For a concrete advise please tell me the termination clause of your agreement, what is the notice period that is provided in the agreement.
If you have been molested by the land lord then you may go ahead and lodge an FIR against your landlord.
Advocate, New Delhi
Your sister could report the matter to the police if she is being stalked and harassed by this fellow. Technically, under the rental agreement, you were required to give him clear notice for a month before vacating or give him one month rent in lieu of that. From that aspect, he's right in claiming the rent for 15 days.
Now, since you've already vacated, though you've paid for 15 days, he can't take recourse to these criminal activities. Report the matter to the Police and get him booked..
In general circumstances the rent is to be paid on expiry on the month and if someone leave midday then rent for the whole month is to be paid.
This can not be avoided only if there is specific terms in regard thereof.
In this case the demand of the landlord is legally sustainable and if you wish to avoid it then talk to him and resolve amicably.
He didn't provide any rent agreement. And as I was new to this renting system so I said, "No issues".
But later I asked him for rent agreement for my tax filing then he refused to provide that.
And he also didn't provide me his PAN card copy as my rent was more that Rs 12000/-. He didn't even provide me any receipt of rent payment and always asked me to provide rent in cash and even he threaten me at the time of demonetization for cash payment.
I also have doubt in his legal claim of that property.
Asked 6 months ago
Then that is a different issue altogether and your will be considered as month to month tenancy. If your are being molested then you may approach the nearest police station and in absence of any agreement going to civil court will be of no use.
You are advised to go the police station and ask the police officer to call the landlord and settle the dispute.
Advocate, New Delhi
1) since there is no rent agreement landlord cannot claim rentals after you left the premises
2) refuse to make any further payments
If such is the scenario, his demand is totally unjust and arbitrary. In any case, the recourse he has taken to, to recover the pending rent (which he's otherwise not entitled to) from you, is not approved of under the law.
Immediately inform the Police. Ask her sister to do that. His act of stalking your sister is punishable under section 354 IPC, and the Police is bound to take action against him.
Hi, he cannot threaten you or your family to recover the rent .. If he wants to claim he can file recovery suit instead of stalking .. If he does it again file a criminal complaint against him ..also record his calls of threatning as evidence
Advocate, New Delhi
In this condition you can lodge a complaint against the landlord for the offence of extortion, house trespass and assault.
As per your notes this person seem to be extremely stupid to even think of harassing a girl - that too when there has been no rent agreement - he is failing to understand that you can take all his happiness with just one wrong complaint. HOWEVER - no need for a wrong complaint - the NOTES as it is falls under various charges to be levid on him for harassing you. Please speak with him and tell him that you are willing to pay the 15 days rent and he should let you to pick your stuff - else call 100 or women helpline and mention your grievances.
Be 100% sure without much of pain Delhi Police will get this sorted for you.
Best of Luck
1. Since there is no rental agreement he can only claim the rent for the duration during which you occupied the premises.
2. File a police complaint against him under Section 354 and 506 IPC for outraging the modesty of a woman and criminal intimidation.
If you have vacated the rented premises on 15th, then you need not pay the full month's rent.
If the landlord continues to torture you may issue a legal notice warning him to not to indulge in such illegal activities in future or face legal consequences.