• Owner threatening to file police complaint if flat not vacated

Hello everyone,

I am a tenat in Hyderabad.

I rented a flat in golf edge residence society in October 2023. The person from which I rented the flat had himself rented out that flat from owner and he was renting out individual rooms in that flat.

My rent agreement is with that middle person because I didn't know he was not the owner.

Now that middle person is not returnig my security deposit as I have given him 1 month of notice that I will vacate the flat and the owner is threatning to file police complaint against me saying that I am not leaving the flat.

I just need my security deposit back and i will vacate the flat, but owner is saying that my agreement is with that middle person and owner is not concerned if I get my deposit back.

Please help and suggest what can I do if the owner brings police and asks to vacate the flat.
Asked 1 month ago in Property Law
Religion: Sikh

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17 Answers

You have given the deposit amount with the middleman only and not with the owner hence you can claim it back from that person only.

However the owner is very much aware of this sub letting from the beginning hence he cannot approach police to evict you for any reason.

If the situation is going out of hands, then yo file a suit for injunction restraining the owner as well as the middleman from forcibly evicting you other than by due process of law.

This will go on for at least one year, by that time they may come for a compromise also otherwise you can contest the case fully until you get justice. 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

Dear client, the person who has given you the flat for rent has subletted the flat to you which he has rented from the owner. 

Subletting is not legal in india without the permission of the owner. So, the agreement with the middle person is void as it cant be enforced and you cant get the security deposit legally. 

But if the owner had given consent to sublet then the agreement will be valid and can get security deposit. 

For now you cant get security deposit and have to vacate the flat as it is considered to be illegal.

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

You have to file police complaint against person who took security deposit from you of cheating under section 420  of IPC 

 

2) you have said you entered into agreement with said person for taking premises on rent 

 

3) if said person was POA holder of owner then refuse to vacate the flat until security deposit is returned 

 

4) police would intervene as it is a civil dispute between parties 

Ajay Sethi
Advocate, Mumbai
94736 Answers
7539 Consultations

5.0 on 5.0

Without the consent of the owner the middle man has not given the flat on rent. In other words the owner was very much aware of this fact.

Ifyou do not vacate the flat the Police has nothing to do with it.

So over stay in the flat till the security deposit is exhausted. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

I repeat the Police has no authority too get the flat vacated occupied by the sub tenant. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

- Since, the said middle person has done same thing with other persons , it means that he has POA from the owner for renting his property on his behalf. 

- Further, if the owner of the flat is receiving the rent from you then it is clear that he has consent with you 

- You can send a legal notice to the owner and the middle person for the refund of the security amount 

- Further, if creating trouble then file a suit for Injunction and Recovery of security amount before the court for restraining the owner to remove you from the tenanted premises and to get refund the paid amount from him

- The  owner cannot evict you forcibly with the help of police, as it is a civil nature case. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

  1. Your apprehensions with regard to police are unfounded. It is civil dispute, police have no power to interfere. But he may influence police and police may call you, in that case you can ask police to first issue a Section 41A notice.
  2. Owner cannot claim that he is not aware of renting you, as he is bound to check who is residing in his property and there is no explanation from him as how you accessed the
  3. You can issue a lawyer's notice to both of them, seeking refund of deposit informing you will vacate as soon as you get refund.
  4. It is in fact the owner and middle man who is committing offence of fraud against you, they are in collusion with each other, you can tell them so.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

police would not intervene as it is a civil dispute 

 

2) take the plea that owner and his agent were hand in glove to defraud tenant 

 

3) file police complaint against owner and his agent 

 

4) kindly consult a lawyer . it is necessary to peruse agreement entered into by you to advice further 

Ajay Sethi
Advocate, Mumbai
94736 Answers
7539 Consultations

5.0 on 5.0

1. Let him say that because he is aware of your presence in the building for quite sometime ever since you have occupied this premises and had been collecting the rent, if he is aware of this sub letting nothing prevented him from issuing an eviction notice to the original tenant.

2. The owner is very well aware of the sub letting activity and he is getting a sizable income out of this arrangement, hence his complaint will go against him.

3. Since this is a  civil matter, the police may not show interest to solve this civil dispute.

you can also give a complaint for their cheating activity for not returning the deposit amount

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

Dear client, as been said earlier if owner hasn't given consent for subletting it is not legal on part of you to reside there. Owner can bring police and can make you vacate the flat.

The issue can't be resolved legally as the agreement is itself is void if owner has not given the consent. So, take the help of the manager/secretary to get back your deposit money.

 

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

Police has no role in this. If police pressures you, you can file case in court. This is matter of tenancy, police has no role. There are lots of judgements that tenant can be evicted by recourse of law and not by force. 

Better file case in court for restrain of forceful eviction and obtain stay order. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You don’t vacate the flat till you get the security deposit back. You can file cheating complaint as well as civil suit against both owner and middle man 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

You need to file cheating complaint on the middle person. If you don’t vacate the flat you will be responsible for both civil and criminal action. You should have inquired about the owner before making agreement. You are illegal subletee on this agreement 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

One month notice should be given 

 

2) flat owner cannot forcibly dispossess you 

 

3) you can file police  complaint against owner and middleman 

Ajay Sethi
Advocate, Mumbai
94736 Answers
7539 Consultations

5.0 on 5.0

Dear Client,

Ten days might not be enough time to vacate a flat, especially considering the circumstances you've described. Generally, landlords are required to give tenants a certain amount of notice before eviction, typically ranging from 30 to 90 days. If you do not leave the flat by the specified date in the eviction notice, the landlord may choose to pursue legal action to forcibly remove you from the property. This could involve going to court to obtain an eviction order, which could lead to law enforcement getting involved to enforce the eviction. It's important to seek legal advice to understand your rights and options. Additionally, you may need to communicate with the landlord or their legal representative to address the issues surrounding your tenancy and the eviction notice. While the situation involving your security deposit may constitute a civil matter rather than a criminal one, it's still advisable to document the situation and consider seeking assistance from the authorities if necessary.

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

1. Not mandatory to vacate 

2. If you will not vacate then the landlord will file an eviction petition before the court 

- Further, after getting notice/summon  of the court , you can contest the case on the ground of foul play by the landlord with the middle man. 

3. Before the court after getting notice 

4. Police will not consider the matter , as this is a civil nature dispute .

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1.  Actually if there is no provision for subletting the rented premise then you will be considered as an illegal occupant.  However the owner/landlord can take action against the original tenant to evict him for this illegal activity. As you are not considered as a legal tenant there is no necessity for the landlord to grant you even that 10 days time. 

2. You can refuse to vacate  the premises and approach court with an injunction suit to restrain the landlord from evicting you forcibly other than by due process of law on the basis of the rental agreement you entered with the middleman.

Even though it may not be a proper and legally valid document, for now this will protect your interests and in the injunction suit you can implead the middleman also as one of the defendants and make a claim for return of your security deposit amount .

3.  You can file a suit for injunction as suggested above. All these process will take at least 6 months to one year for disposal hence you may not be legally disturbed until then. 

4. Police do not have rights or power to interfere in the civil matter

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

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