Dealing with a Bully Tenant What to Do Next

Dear Sir,

If there is no separate Rent Act then you have to depend upon provisions of transfer of Property Act and the court may direct him to deposit the rents.

Dear Client,
From the contents of the query, the situation appears to be most critical, complex and sensitive too. In the absence of a written agreement between a Tenant and the Landlord, an occupier of a premises can be prosecuted for criminal trespass. Occupying someone’s land and property with the wrong intention is considered an illegal encroachment and criminal trespass triable under Section 441 of IPC(Section 329 of BNS) once a complaint is filed by the aggrieved party in the court. If a person is found guilty of illegal encroachment and criminal trespass, he is fined and imprisoned for up to 3 months. Apart from this, you can file a private complaint against the owner in the court of the Magistrate under Section 223 of BNSS which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the magistrate must examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. If the magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. Further, in case you apprehend/face any threat or unethical behavior from the police, you can file a complaint with the Chairperson, State Human Rights Commission or the State Police Complaint Authority, which are independent bodies empowered to investigate complaints against corrupt police officials. In the given scenario, you can lodge a complaint or FIR against the abuser tenant for blackmailing and criminal intimidation at the local police station under Sections 308 and 351(1) of the Bharatiya Nyaya Sanhita(BNS). You can also file a petition praying for an Order of Protection in the City Civil Court or District Court. A Protective Order is a civil court order that is designed to stop violent and harassing behavior and to protect you from the abuser whose attitude or behavior appears to be life-threatening. There are two types of Protective Orders available for you. 1. Emergency Order of Protection (Ex Parte Emergency Order of Protection) - The Petition for Protective Order must clearly show that an act of abuse or threatening has occurred, 2. Regular Order of Protection (Non-emergency). There are no fees for filing a Protective Order. You do not need an Advocate to file for a Protective Order. However, if you wish, you can hire the service of an Advocate to represent you suitably before the Court to obtain a protective order. At the Show Cause hearing, you have to show and prove by adducing substantial evidence why you need the Protective Order. Last but not least, when you are considering taking legal recourse against an influential person with having criminal background, it is advisable to be more cautious/vigilant and take appropriate steps in consultation with an experienced property lawyer as well as a criminal lawyer to navigate the issue in the right way.