Landlord can file case of criminal trespass against you if you fail to vacate premises on expiry of rental agreement and refusal to vacate inspire of notice
I live in a rented premise where the lease agreement has expired. Although I have paid for the month for rental charges, the owner is forcing me to vacate house immediately. I intend to shift to another city for which I need time of couple of months. The owner is rude and greedy, doesnt listen to any plea. I need to study as well. My mom is 78 and moving around frequently is not a good idea. The owner reportedly approached the police and threatens me to file FIR. Seems like he has managed the police and they are speaking the same language too. The police is being attrocious and insists I have evil intentions of not vacating property. I do not want to live in the city at all and want to migrate to a hill station where I can pursue my studies and business with peace and calm. Is overstaying in a rental property a criminal trespass? Can they actually file an FIR for criminal trespass? What are the remedies for me in any case
Landlord can file case of criminal trespass against you if you fail to vacate premises on expiry of rental agreement and refusal to vacate inspire of notice
Police has no role neither police can evict you forcefully. Only by order of court , you can be evicted.
No criminal trespass.
Landloed should remind you that lease is ending at least 60 days before the last day of the term..
no, it is not offense nor trespassing.
Make sure that you give your landlord at least 30 to 69 days written notice that you will be leaving.
Overstaying after agreement period is a civil wrong. It doesn't attract any of criminal offence. Criminal trespass is completely a different thing. Police can not do anything in civil matters.
When there is no commission of criminal offence , no FIR can be filed against overstaying by you. If landlord goes violent over this issue, complain to police.
- No, overstaying in a rental property is not a criminal tresspass, and police has no power to lodge an FIR against you for the same.
- But , the landlord can approach the court for the same , and to evict you from the tenanted premises.
- You should to lodge your complaint with the police and higher official for trying to take forcible possession , after narrating the problems faced by you .
- Further, you should file an Injunction suit before the court against the owner , to restrained the owner to take forcible possession from you , then you will have much time to vacate the same.
- When you will file the case , then the police will also not harass you .
It's not a criminal case but it's illegal. You will have to vacate after expiry. Execute an agreement that you will surrender his premises in an agreed time and pay the rent for that period. You can't overstay for long period
1. Continuing staying in a Rented premises after the lease agreement has expired and without the express consent of the landlord, is illegal & unauthorized.
2. Either settle amicably by paying something extra (or extend leave agreement) or vacate & shift to another nearby property, since IF police FIR is really lodged THEN you could be in deep legal trouble with Court, Bail and punishment. Hence avoid it.
Thank you gentleman for your answers. I know its illegal. I have no option practically at this point of time. Circumstances are pretty hostile. As I said, I am moving to a different city and hence would be more at peace. Mr Sethi and Mr Agarwal, If the case is not of criminal nature, why would a criminal trespass be valid at all? If its not a cognizable offence what authority does the police have to lodge the FIR ? Can the police file fir in non cognizable offences? I am here to seek help of genuine advice and looking for a long term relation with a genuine law practitioner. On another note, I have a will left to me by my aunt(my mother's born sister) who passed away 6 years back. I now want to get the property transferred to my name.
1. First understand that even after expiry f lease period the lessees on payment of rent can stay in the property and the same is not illegal at all. So remove this thought from your mind.
2. The status of tenant after expiry of lease become like a statutory tenant and he can be evicted only after exploring legal recourse i.e.suit fir eviction.
3. So this is out and out a civil dispute in which the Police has nothing to do and still to avoid nuisance of police you can file a suit for declaration of tenancy and injunction.
4. Ignore the threat of the landlord and do as advised above.
YOUR STAY EVEN ON EXPIRY OF LEASE IS NOT ILLEGAL AT ALL.
The landlord cannot just kick you out. You can obtain an injunction against it. Also if a month's notice has been in the agreement then he cannot tell you to leave immediately.
You have refused to vacate on expiry of licence period
if you refuse to do so licensor can file case against you of criminal trespass
3) as far as second query is concerned apply for probate of will then apply for mutation of property in your name
The FIR is registered under influence of landlord. It's better you amicably settle with him by assuring him that you will vacate at agreed period. You can probate the will or get the same transfered through sub registrar office
I think you are getting little bit confused.
Remove your doubt for ever.
As per lease law , the lessee is bound to put the lessor into possession of the property , on determination of lease.
Now the lease law being a civil law, any violation of that law would only be a civil wrong. You may be liable to pay compensation for any loss. But under no circumstances, such overstaying shall attract criminal offence. Be sure of it. A Layman also understands this.
Hope you now understand the law and your legal position in the present issues.
The owner cannot forcibly evict you, he may have to follow the due procedures of law for this.
The police cannot interfere in the civil matter.
If ther are any excesses you may issue a legal notice to the owner with a copy to the police stating that you require time by another three to six months to vacate and instruct the owner to refrain from indulging in any illegal activities other than by due process of law to evict you.
In the copy to police you may instruct them to refrain from interfering in the civil matters, you may endorse a copy to the higher police officer too.
This legal notice may be followed by filing a caveat petition before the concerned court.
The overstay in the rented premises beyond the expiration date of the agreement cannot be considered as a criminal act nor it is a criminal trespass.
The police canot file a criminal trespass case because so far you had been a genuine tenant and not that you have suddenly occupied or entered into the demised property to term it as criminal trespass.
You can initiate legal steps as suggested in my previous post.
For the property bequeathed by your aunt through her Will, you my have to apply for mutation of revenue records before the revenue officer/Tehsildar along with the death certificate of the deceased testator and a NOC from the legal heirs of the deceased for this.
See since the agreement is expired you have no right to stay on the property, as staying on proeprty after expiry of agreement shall be illegal possession. Though it is tenancy dispute and criminal case is not made out on same.
See police us just intimidating you so that you hand over the peaceful possession if they were to file any FIR They could have already done it.
For transfer of property vide will you need to apply for probate of the will and on the order of same you can get property transferred to your name.
1. TRESPASS & INTIMIDATION, BREACH OF TRUST, criminal offences is applicable when a Tenant forcefully continuously stays in a Rented premises after the lease agreement has expired and without the express consent of the landlord,
Dear Sir,
No, he do not try to enter into your premises for any construction or repairing work. and Not to shut off electricity and water line which is very essential for mankind. First he has to issue a Legal Notice for eviction from rented premises. and after elapsing the time as per Agreement, he should go before the Civil Court for Eviction.
So, the owner is now walking into premises asking me to vacate the house before refunding my security deposit. He wants me to pay the electricity bill based on previous bill amount, dividing it by 20 days stay without the bill being generated. Says he wont return the deposit without the amount. On the other hand he is asking to vacate the house.
Who said you are committing criminal trespass, clearly ruled by SC that even on expiry of agreement, tenant can be evicted only by due course of law. And till security not refunded in full, you can refuse to vacate and pay further rent.
See ask for refund of the security deposit then only hand over the possession to the owner , give notice to the owner saying that you shall hand over possession once he pays security deposit and you will clear bills once they are due. Also till he is not refunding deposit you will stay without rent.
Inform lan,ford that you would vacate premises on refund of security deposit . It can be done simultaneously after deducting electricity bill amount for 20 days stay as per average bill generated for last one year
Tell him to go to police and complain or give him some reasonable time say two three months to vacate the premises .
You can pay him the bill on prorata basis of previous bills. He will return you the deposit simultaneously when you vacate
You should file a complaint with the police and if they do not help engage a lawyer and file a complaint before a magistrate.
Regards
You can refuse to vacate and ask him to proceed legally.
If he is still adamantly refusing to leave your home you may call the police and give a complaint about his tortures and harassment especially when you are still a tenant and may request the police to direct him to look into this matter through court of law and not by taking law into his hand.
If the police is not cooperating then you may approach the higher police officer of the city with a similar complaint seeking his intervention and direction to the local police for the needful action.
No overrating in a rented property is not a criminal trespass and FIR cannot be lodged in this matter
This is a civil matter of rent control act.
If you want to vacate the premises and need some time then you should ask a particular time to vacate the house so that you can arrange accommodation and means to transfer your stuff to other house.