Can police interfere in a landlord-tenant dispute?

Tenant landlord disputes often occur subject to several reasons, but as per the judgement passed by the Madras High Court, the police can not intervene.

Who are the tenant and landlord?

When the owner of a property gives it on rent to another person, the owner is called the landlord, and the person to whom the property is given on rent is called the tenant. The landlord and tenant establish a legal relationship through a rent agreement.

What are the obligations of a rent agreement?

The obligations of a rent agreement are as follows -

• The tenant must use the property for the same purpose as has been mentioned in the rent agreement.

• The tenant must pay the rent within the agreed time - monthly, quarterly or annually.

• The landlord should not interfere in the personal life of the tenant and visit the property without a prior limit. The visitation should be at a reasonable time when the tenant is usually present at the property. For example, the landlord can not use the duplicate key and check the rented flat when the tenant is in the office.

• The tenant should be taking the best possible care of the property. If there are any normal damage and wear, which require maintenance, it is subject to the terms and conditions agreed on in the rent agreement.

What are the main points of dispute between tenant and landlord?

It is difficult to list all the issues which may lead to a dispute, but some common reasons are as follows:

• The tenant is not paying the rent.

• The tenant is using the property for the purpose other than what was agreed on in the rent agreement.

• The landlord is forcefully trying to enter the premises.

• The landlord is refusing to pay back the deposit amount.

Can the police interfere in a dispute between the landlord and tenant?

For this kind of disputes and confusion about whether the police can interfere or not, there is a judgement passed by the Madras High Court stating that police cannot conduct a "parallel court" to solve the disputes between the landlord and tenant.

It was often observed that police intervene in the tenant-landlord dispute and give a solution to the same to agree upon. This has been prohibited by the Court now.

The Court stressed the fact that if there is an issue, the tenant or the landlord can approach the competent court of law to seek justice, not to the police station. It is a matter of the civil suit, not a criminal suit.

Justice A. Vimala while analysing the case, pointed out, "When the rights and liabilities are governed by a statute over which jurisdiction is vested with the court, it is not for the respondent to conduct a parallel court."

When can the police intervene in a landlord and tenant dispute?

As explained above, the landlord and tenant dispute is a civil matter and not a criminal matter, the police cannot interfere. However, if the situation is such that it is giving rise to a criminal offence, then the police can enter the premise and take necessary actions. Some examples of the criminal activities are - if the tenant is carrying on any illegal activity like dealing drugs, prostitution, or keeping illegal arms in the flat rented for a residential purpose, the landlord can call the police to the premises.

In another situation, if the landlord is not returning the deposit amount and in during the argument physically attacks the tenant, then the tenant can call the police to handle the situation.

In both cases, the matter is taking a turn to a criminal matter, to which the police can intervene, not otherwise.