Police can not arrest you against harassment complaint. It is a non-cognizable offence. Police can not take any action expcept for mediation.Go to police and explain the actual situation.
I live in a rented accommodation whereby the landlord is an NRI. As per the laws, I have deducted 31.2% TDS on rent. The owner started harassing me and asking me to vacate the premises. I have initiated a suit of injunction against the landlord. The Landlord is now acting dirty and has filed a fake harassment complaint with local police. The police are asking me to come down to local station. What remedial actions can I take ? Does it make a difference that the complaint is filed by the father of the landlord who is a senior citizen? Can police arrest me ? I believe this is a pressure tactic to get me evicted from the house. What should I tell the cops for the harassment compliant? I dont even know what harassment is he talking about
Police can not arrest you against harassment complaint. It is a non-cognizable offence. Police can not take any action expcept for mediation.Go to police and explain the actual situation.
See take the documents of your injunction case with you to the police station , give statement before police that since civil case is pending owner is harassing you.
See even if complaint is by father you can take your defence.
Further the burden of proof is on them to give evidence and proof that you are harassing them.
1) you should go to police station
2) in your statement mention case filed by you against your landlord
3) police would not arrest you
4) take the plea that matter is subjudice as suit for injunction is pending in court
Better your inform the Income tax department that NRI is insisting you deduct less TDS and forcing you commit criminal act or asking you to vacate the property.
Police cannot arrest. Check what allegations are imputed on you. Give in writing to police that LL is asking you to deduct less tax.
Tenant cannot be evicted by due process of law and court order. Polcie has no role in this. If police forcing you, get stay from court.
Mental harassment is not an offence under the Indian penal law. however no action is possible without sufficient evidence.
- As per law, you can deduct the TDS , on rent , when the rent amount is more than Rs.2,40,000 per annum.
- Since, the suit is already pending before the Court for restraining the landlord to evict you forcibly, hence police cannot take any action , if the complaint is regarding the tenanted premises .
- Further, when the Landlord is an NRI , and not living in India , then the question of harassing doesnot arise.
- You should lodge your complaint before the police and higher official , after narrating that , the landlord is trying to implicate you in false cases , with the intention of taking possession of the tenanted premises.
- You should also produce the court cases copy to the police, and also with your compaint as well.
Good luck and dont forget to rating Positively.
Mr. Shahzad, The landlord had come down to India in August. He walked into my premises without prior notice at 10 pm in the night. Also, the TDS for NRIs does not have a slab or ceiling. I had already filed a complaint with Commissioner of Police. Now, the owner is acting dirty and filing fake harassment complains. Also, my lawyer has started the proceedings for Suit of Injunction, so not sure what copy I would be able to take with me. I will check with my lawyer on this. The police is using the pressure tactics and trying to make sure that I evict the house. I am disgusted by the whole thing to say the least. My exams are approaching and I cannot live with peace of mind because of these things.
See if don't want this to go on you can compromise with owner and can leave the premises and can search for some other peaceful place.
Amicable settlement is best option
if your exams are approaching concentrate o your studies
vacate premises on expiry of agreement
litigation is long drawn and expensive proposition
you can file a complaint against him in the police station and take strict action against the landlord as he cannot evict you without the order of the court.
The police cannot interfere in any civil dispute, including that over property, unless ordered by a competent court.
Hi,
You are suggested to approach the police only with lawyer or some other strong person having some legal knowledge so that you may avoid fake pressure created by police and make the arrangement of bail if police insisting arrest. As per the supreme court judgment of the year in the matter Arnesh Kumar Vs State of Bihar, the police is supposed to give you notice and not to arrest. You are further suggested to first ask the copy of the complaint, if any, against you and never hesitate to approach court, if you feel something fishy or against you.
- You can stop all the disturbance after moving an Interim application before the said court .
- Better talk to your lawyer for the said Interim applicaiton in the case.
- Further, take a copy of the plaint filed by him , and submitted to the police , he will himself stop the actions against you.
1. Police has to investigate the complaint, hence it is asking you to appear.
2. No harm in appearing before police but go along with a certified copy of the injunction suit filed by you and order, if any, favourable to you passed by the court.
3. Police will eventually close the matter on the ground that it is a civil dispute.
If they have filed FIR you need to take anticipatory bail application. You cant stay for long at the landlord place without his permission and consent. Today or tmrw you need to vacate the same. Always it's better to be in harmony with the landlord.
Alright, So I visited the Police station and they are forcing me to vacate the premises within 15 days. The senior inspector said he will file an FIR for tresspassing if I dont vacate in 15 days. He says he doesnt care about suit of injunction as it has nothing to do with the case of staying on premises. He further went on to say that everything spoken in this room is recorded and I can spoil your career with that FIR filed. I am arranging another premises though I am not really scared of that thing. The question is how do these police officers get such brazen display of ego authorities. Can he go out of the way to file FIR? If he does so, can I file a case against him and get him out of the police force either suspended or terminated?
Tell police to file the FIR.
You contact here after that.
Police is just threating you .
You can complain direct to magistrate against the concerned police officer.
landlord must have managed with the police to threaten you
2) file complaint against police inspector with commissioner .
3) mention although case is sub judice yet inspector under influence of landlord is threatening to file false case against you
Does the Police have the power to register FIR of tresspassing in such a case? Even if they break the rules and FIR what is the next step?
police can file case of trespassing against you if your leave and licence agreement has expired or has been terminated by landlord
consult a local lawyer
Just wait for 15 days. See what happens.
No need to worry. Any FIR should be moved to magistrate. You will get enough scope to defend yourself.
Till date you receive summon from court you just relax. There shall be no point in police involvement. It is a purely civil case. Police has no role to play.
I think I answered you enough.
Hi,
If you are staying in the premises under the provisions and as per rent agreement and also abiding by all the terms and conditions of rent agreement, no criminal action lie against you and if the police is pressurising, never hesitate to file written complaint against that police official as well as the land lord. Also get the interim orders on injunction petition as soon as possible.
No case of trespass, He cannot file else will lost job. If every thing is recorded, he will be at lose not you.
Complain to ACB. Wait for 15 days, deny him straight, if he calls , refuse straight. Hire some local lawyer. Give written complaint to Commissioner and district judge.
See he is just threatening you, as you are tenant you have legal possession there is no trespassing. Further you can file a complaint before the commissioner against the threatening inspector.
Police cannot interfere in landlord-tenant dispute. file complaint against inspector before police higher authority.
Not sure if I have have made this clear, but the leave and license agreement has ended on 30th Sep 2019. I had requested the owner an extension of time till January 2020 for my exams. The police is saying I am holding the property illegally which calls for trespass FIR. I am mentally exhausted, my exams are coming up and I am on verge of breaking down.
You should appear before IO with papers of case filed by you against landlord.
Police cannot register FIR for trespassing because this is civil matter.
If FIR is still registered then you should join the investigation and present your defence.
See in view of your exam you can leave the premises and can rent other place , even though rent agreement is expired FIR in said matter cannot be filed.
Once leave and licence agreement has expired you cannot retain possession of property
ideally landlord should file suit for eviction against you
case of trespass can be filed against you
Hi,
Though it's illegal to stay in rented accommodation after expiry of leave and license agreement, but there may be clause in that very agreement regarding renewal or termination. The landlord and you both are supposed to follow that. In any case, you are suggested to move an interim application to court for stay on vacation on that place.
Overstaying is not a criminal offence.
Police can not interfere except in extreme case of any violence arising out of this.
Landlord can reenter and take possession even by applying a reasonable degree of force.
Mr. Majumdar, Landlord can re enter and take possession even by applying a reasonable degree of force. Isn't it the other way whereby landlord cannot use force to evict the tenant? Also, even if the FIR is filed in such case, does it show on my record? If the court quashes the FIR, would that show on your record? Why would it even be valid as FIR when police does not have authority in civil matter? Why would civil court take it as an FIR?
Understand the law. Under leave and licence agreement you are supposed to vacate the property after expiry of the agreement. Overstaying thus becomes a civil wrong. Now landlord after due notice can use his right to recover the possession as like other goods at wrongful possession of other. While doing this he can not resort to violence.
Just think some one snatchs your bag. Now as a owner you can apply reasonable force to take the bag from that person. Law gives everyone some right to protect his property. it does not mean you will kill him or hurt him grievously.
Now as to FIR I told you overstaying is not a criminal offence. It is a civil wrong. So unless any criminal offence is committed, police can not take any action. If you and your landlord go violent over the issue police will certainly take action against either or both of you depending upon the circumstances.
Further kindly note the difference between a rent agreement and leave and licence agreement. Under L&L agreement you do not acquire any right to the property except to use that property for specific purposes. While under rent agreement you acquire a tenancy right given under the law . That is the difference and the reason why people now go for L&L agreement. it is also under some statutory law.
Consult with some local lawyer if you still have some confusion. And act accordingly.
Force enterence is criminal trespass, you can file FIR. Only by order of court, tenant can be evicted even after expiry of lease deed.
Court will certainly quash the FIR and may proceed against the arrant police men who misused his authority.
No he cannot by force take possession of the property.
If FIR is not filed then in that case it will not show on any record.
If FIR is quashed then no criminal record.
The FIR will not be taken up by civil court. See in case it is registered by police it is considered as valid FIR.
landlord cannot use force to evict tenant
2) remedy for landlord is to file civil suit for eviction against you
3) if FIR is filed it would be displayed in your police verification report
Since they have given a complaint with the local police, you appear before the police and give a statement stating that you have already filed an injunction suit against them, but to put pressure on you they are playing this prank on you.
You can give a statement that since the matter is pending before civil court and as you have not done anything to them, you are ready to face them in the court of law.
If the police are not listening to you then you may obtain AB and challenge the false case in trial proceedings.
Since you have already approached commissioner of police on this, you may have the copy of the complaint made with the commissioner as well as the copy of the injunction suit etc, and give a statement to the police about this.
If the police still insist on you to vacate the premises, you may issue a legal notice to the police asking them to refrain from indulging in such activities which are detrimental to the citizens of India.
The police may register FIR, you can obtain AB and challenge the same in trial proceedings.
If the police is threatening you then you immediately issue a legal notice to the inspector instructing him to refrain from indulging in such illegal activities or else you would make a complaint against him with the human rights commission about this atrocity and threat
You can even file a petition before judicial magistrate court seeking direction to police to not to indulge in such excess activities.
You are a tenant and you have already filed an injunction suit agaisnt the landlord, hence no such case called trespass shall be maintainable, he is just threatening you.
You dont get scared, you can take the assistance of an advocate in this regard and fight out the police menace also
Since the matter is pending before court for injunction this cannot be termed as trespass, the police is just threatening you, hence you dont be scared about it, if at all the police is registering FIR then you can obtain AB and challenge the police false case properly in court of law.
The landlord cannot forcibly evict you, he has to follow the due process of law for vacating you.
Dont rep[eat the same question, the police cannot register any case for trespass especially where there is a tenant and landlord relationship which has been established by the injunction suit.
Dear Sir,
Go to the police station asap, file a complain (just state your problems and attach copies of all possible documents related to this matter)and let them interfere. Initially, they would listen to both the parties and ask for some mutually agreed settlement.
Remember to have your complain acknowledged by the police. And , your complain should be in harmony with the rent agreement terms. Meanwhile, try to fetch some evidence before filing a complain,so that you could prove your points.
At this tender age you should try your best to avoid any serious complain against your name. As stated, they have an upper hand on you. So, please choose the minimum resistance path. Your priority should be to settle the issue in the best possible way rather than teaching them a lesson.