Problematic Landlord

If you’re reading this, chances are that you’re either a tenant, know someone who is, or are planning to rent a property soon.

Are you facing issues with your landlord, the RWA, or your housing society?
Looking for practical and legal solutions to common tenant problems?

This post covers real-life problems tenants often face — issues you and I may have dealt with — and the legal remedies available to handle them effectively.

Table of Contents

• Common Problems and Difficult Landlords
  
• Landlord or the Nosy Relative?
  
• Breach of Privacy
  
• Landlord’s Unpaid Dues Causing Trouble for Tenants
  
• Harassment and Nuisance by Landlords
  
• Illegal Eviction
  
• Issues with Residents Welfare Associations and Housing Societies
  
• Legal Remedies under Property & Rent Control Laws
  
• Conclusion
  

Common Problems and Difficult Landlords

Imagine this:
Your landlord objects to your guests, comments on your lifestyle, and sometimes enters your flat unannounced, claiming to fix a leaking tap — all without any prior notice.

Chances are, you don’t even have to imagine it — you’ve lived it.
Let’s explore a few more common issues tenants face.

P.S.: If you happen to be a landlord or a neighbour troubled by noise disturbances, you might want to stick around too.

Note: This post is divided into two parts:

1. Common issues tenants face
   
2. Legal solutions to tackle them
   

Landlord or the Nosy Relative?

Does your landlord screen your guests and question them with, “Who are you here to see?”, “What’s the purpose of your visit?”, or “Is this the right time to come over?”

Do they try to control your entry and exit timings or prohibit you from keeping pets?
Or perhaps they disapprove of live-in relationships or tenants from the LGBTQ+ community, treating them as social deviants?

Breach of Privacy

Some landlords go beyond questions and outright invade your privacy.

There have been cases where landlords entered rented premises without permission, citing vague inspection reasons, or even monitored tenants through CCTV cameras inside the property.

Such actions are not only unethical — they’re serious criminal offences and come with strict penalties, including imprisonment.

Landlord’s Unpaid Dues Causing Trouble for Tenants

Some landlords enjoy collecting rent but neglect their own responsibilities, like paying property taxes, society maintenance charges, or EMIs.

As a result, tenants often bear the brunt of penalties, restricted access, or strained relations with the society management.

If you’ve ever suffered due to such negligence, don’t worry, there are legal ways to handle it.

Harassment and Nuisance by Landlords

To evict tenants or pressurize them into paying more rent, some landlords resort to harassment — such as cutting off water or electricity or ignoring urgent repair requests.

Such behavior is illegal, and you can get help to restore your essential services or get the necessary maintenance work done.

Illegal Eviction

In many cases, landlords attempt to evict tenants abruptly, either without proper notice or before the lock-in period ends, in complete violation of the rent agreement.

This, too, is unlawful, and legal protection is available for tenants facing such actions.

RWA and Housing Society Issues

Often, it’s not just the landlord you’re dealing with — RWAs or housing societies can also complicate matters.

Many societies enforce arbitrary by-laws — for example, banning rentals to bachelors, imposing rules against pet ownership, or discriminating based on religion or lifestyle.

Such rules are often legally unsound, and we’ll explore how to contest them.

Legal Remedies: Property & Rent Control Laws

Now that we’ve covered the problems, let’s look at how to handle them with the help of existing laws.

1. Landlord or the Nosy Relative?

Under Sections 126 and 127 of the Bhartiya Nyay Sanhita, 2023 (BNS), any act of wrongful restraint or confinement, like stopping guests, restricting entry/exit, or locking someone in, is a punishable offence.

• Section 126 defines wrongful restraint as voluntarily preventing someone from going where they have the right to go.
  
• Section 127 defines wrongful confinement as restricting someone within boundaries against their will.
  

These acts are punishable with imprisonment from one month to one year.

Regarding pets, the Animal Welfare Board of India (under the Prevention of Cruelty to Animals Act, 1960) has issued guidelines prohibiting RWAs or societies from banning pets. Such restrictions violate Article 51(g) of the Constitution and are illegal.

As for live-in couples or LGBTQ+ tenants, harassment or discrimination based on relationship status or identity is not just unethical — it could violate fundamental rights. Legal protection exists, and support resources are available.

2. Breach of Privacy

Article 21 of the Indian Constitution guarantees every citizen the Right to Life and Personal Liberty, which includes the right to privacy (Kharak Singh v. State of U.P.).

If your landlord enters your home without permission or prior agreement, you can file a police complaint. The police may summon the landlord and warn them against further intrusion.

Suppose you discover CCTV surveillance inside the property. In that case, particularly if you’re a female tenant, this can amount to a criminal offence under Section 77 of the Bhartiya Nyay Sanhita, 2023 (voyeurism), which carries a minimum jail term of 3 years (extendable to 7 years) and a fine.

Don’t hesitate to lodge an FIR. If you feel intimidated, seek support — legal guidance is available.

3. Landlord’s Unpaid Dues

As per most State Rent Control Acts, landlords are responsible for paying dues such as property tax, maintenance, and EMIs, unless otherwise mentioned in the agreement.

If the landlord fails to pay, tenants can cover such payments and recover the amount (with interest) from the rent.

4. Harassment and Nuisance

Tenants have the right to peaceful enjoyment of the property during the lease period. If a landlord disrupts this by cutting essential services, the tenant can take legal action.

States like Maharashtra have Special Rent Control Courts (under the Maharashtra Rent Control Act, 1999, Section 33) to deal with such cases. Similar provisions exist in other states under respective Rent Control Acts.

Tenants can also make necessary repairs and deduct the costs from rent, as allowed under Section 108 of the Transfer of Property Act and relevant Rent Control provisions.

5. Illegal Eviction

Every rent agreement should specify:

1. A lock-in period (during which neither party can terminate the contract), and
   
2. A notice period for terminating the lease.
   

Any attempt to evict a tenant in violation of these terms is unlawful. Tenants can approach Rent Control Courts or designated authorities for relief.

6. RWA or Housing Society Disputes

Discrimination by societies, like refusing tenants based on marital status, religion, or dietary habits, is a violation of constitutional rights.

The Supreme Court in Saurabh Chaudhari v. Union of India laid down two tests for permissible classification:

1. Is there a clear difference between the two groups being treated differently?
   
2. Is there a logical connection between the difference and the goal of the law?
   

Society’s bylaws that ban unmarried tenants or pets usually fail both tests. Tenants can report such discrimination to the Registrar of Societies or relevant state authorities.