How To File A Police Complaint Against A Tenant In India?

Dealing with a difficult tenant can be extremely stressful, especially when the situation turns hostile or crosses legal boundaries. Many landlords wonder how to file a police complaint against a tenant in India and whether the police will actually help. The truth is that police intervention depends on the nature of the dispute, the evidence you provide, and whether the tenant’s actions qualify as a criminal offence. In this guide, we break down the exact steps landlords should follow, the situations where police will intervene, the documents you need, and what you should never do during a tenant dispute. This will help you act confidently, legally, and with minimum hassle.

Understanding Landlord–Tenant Disputes in India

Before filing any complaint, it is important to understand whether your tenant issue is civil or criminal, because this decides whether police will intervene or not. Most landlord and tenant problems start small, but they quickly escalate when rules are violated or communication breaks down.

What typically goes wrong with tenants?

Many landlord–tenant conflicts arise from day-to-day issues that slowly become serious when the tenant starts ignoring responsibilities or violating the terms of the agreement.

Non-payment of rent
One of the most common issues. Tenants delay or completely stop paying rent and refuse to clear arrears despite repeated reminders.

Refusal to vacate
Even after the tenancy period ends or notice is served, some tenants simply do not move out, forcing landlords into a lengthy legal process.

Property damage
Tenants may damage walls, fittings, furniture, electrical units, or leave the property in a poor condition, causing financial loss.

Illegal use of premises
Running a commercial activity from a residential flat, engaging in unlawful trade, or using the space for activities banned under local laws.

Abuse, threats, harassment
When disagreements turn hostile, some tenants resort to verbal abuse, intimidation, or threats to pressure the landlord.

Police vs Court: What’s the difference?

Understanding the difference between police and court jurisdiction saves landlords time, stress, and unnecessary frustration.

Police handle criminal offences
This includes:

• Threats, abuse, or intimidation
• Assault or violence
• Trespass after termination of tenancy
• Illegal or immoral activities inside the property
• Cheating or fraudulent tenancy agreements

Courts handle civil disputes
This covers:

• Eviction of tenant
• Recovery of unpaid rent
• Restoration of property possession
• Enforcement of rental agreement terms

Why police may refuse to register an FIR
Most rent-related problems are civil disputes, not crimes. Police cannot register an FIR for eviction or rent recovery because these require court intervention. They step in only when the tenant’s behaviour involves a criminal act.

When Can You File a Police Complaint Against a Tenant?

Not every tenant issue qualifies for a criminal complaint. But certain situations allow you to approach the police for help, especially when the tenant’s conduct goes beyond a simple rent dispute. Below are the major scenarios and how the police typically respond in each.

1. Tenant Not Vacating Even After Notice

This is one of the most frustrating problems for landlords. However, it is important to understand how the law views it.

Mainly a civil eviction matter
If a tenant refuses to vacate even after the notice period has expired, it generally falls under civil law. The correct remedy is to file an eviction suit before the Rent Court or Civil Court.

Role of police: limited
Police cannot forcefully remove the tenant from your property. They also cannot register an FIR merely because the tenant is overstaying. Their involvement is minimal unless the tenant’s behaviour becomes criminal in nature.

Police may help in specific situations

• If the tenant threatens, abuses, or physically intimidates the landlord
• If the tenant is involved in illegal activities inside the premises
• If the tenant breaks locks, forcibly enters after termination of tenancy (this can be treated as trespass)

Importance of a written rent agreement and proper notice
A valid rent agreement and a well-drafted notice under the agreement or the Rent Act significantly strengthen your case. Without these, both police and courts will have limited ability to act.

2. Tenant Not Paying Rent for Months

Non-payment of rent is also generally treated as a civil dispute, but there are exceptions.

Civil remedy: recovery suit and eviction suit
For pending rent, the landlord must file:

• A suit for rent recovery, and
• An eviction suit if the tenant continues to default

This is the standard legal process.

When non-payment may turn into a criminal matter?

If the tenant’s conduct shows dishonesty or fraudulent intent, the matter can shift from civil to criminal. Examples include:

• The tenant lies about identity or employment to secure the house
• The tenant issues rent cheques knowing they will bounce
• The tenant rents the property with the pre-planned intention not to pay
• The tenant sublets the property illegally and pockets the money
• The tenant absconds with dues or misappropriates property

In such cases, offences like cheating, fraud, or criminal breach of trust may apply, and the police can take action. Understanding these distinctions helps you choose the correct legal path and avoid unnecessary delays.

3. Tenant Threatening, Abusing, or Harassing the Landlord

When a tenant crosses the line from disagreement to abusive or threatening behaviour, the matter becomes criminal, not civil.

Possible criminal offences
Depending on the behaviour, the police can register offences such as:

• Criminal intimidation Section 506 IPC {351(1)(3)BNS}
• Verbal abuse and insult Sections 294, 504 IPC{(296,352)BNS}
• Assault or attempt to assault

These go far beyond rent disputes.

When you should file a complaint or FIR immediately
You should approach the police at once if the tenant:

• Threatens to harm you or your family
• Uses abusive language repeatedly
• Creates a nuisance or disturbs neighbours
• Physically intimidates or follows you
• Attempts violence or vandalism

In such situations, a formal police complaint creates a safety record and allows police to warn, call, or take action against the tenant.

4. Tenant Damaging Property or Misusing the Premises

Property damage or illegal use of the rented premises is a valid ground for filing a police complaint.

Types of misconduct

• Deliberate damage to walls, fixtures, furniture, and appliances
• Illegal construction or unauthorized modification
• Breaking locks or damaging entry points
• Causing structural harm to the building
• Allowing the property to be used by others without permission

Illegal activities inside the house
If the tenant uses your property for criminal or immoral activities, the police can take immediate action. This includes:

• Gambling
• Drug consumption or drug trafficking
• Prostitution or exploitation
• Running illegal business operations

Such activities not only expose the landlord to legal trouble but also put the neighbourhood at risk.

Importance of documentation
Before filing a complaint, gather strong evidence:

• Photos and videos of the damage
• Society or neighbour complaints
• Messages, emails, or calls showing misconduct
• CCTV footage
• Inspection reports

Proper documentation strengthens your case and ensures the police take your complaint seriously.

5. Tenant Trespassing After Eviction or Lock Change

Once the tenancy has legally ended, the tenant has no right to enter the property again.

When tenancy has legally ended
This may happen through:

• A court eviction order
• A termination notice as per the contract
• Expiry of rental agreement without renewal

After these conditions, the tenant’s entry into the property is unauthorized.

Re-entry can become criminal trespass
If the tenant breaks open locks, enters forcibly, or occupies the premises after eviction, it becomes criminal trespass under Section 441–447 IPC. This is a clear criminal offence, and the police can intervene.

Why proper documentation matters
To establish criminal trespass, you must show that:

• Tenancy has officially ended
• You have lawful possession
• The tenant re-entered without consent

Documents like court orders, termination notices, society records, and photos of broken locks help prove this to the police.

Document Required to File a Police Complaint Against a Tenant in India

When you approach the police, having the right documents makes your complaint stronger and increases the chances of quick action. While requirements may vary slightly depending on the situation, the following documents are generally useful and recommended.

1. Rent Agreement

This is the most important document. It proves:

• The terms of tenancy
• Duration of stay
• Rent amount
• Responsibilities of the tenant
• Grounds on which you are complaining

A written agreement helps police understand the seriousness and legality of your claim.

2. Tenant’s ID and Address Proof

Keep copies of the documents submitted by the tenant at the time of renting, such as:

• Aadhaar card
• PAN card
• Passport
• Driving licence

These help police identify and verify the tenant and locate them if required.

3. Notice Served to the Tenant

Any notice you issued regarding eviction, rent default, or termination strengthens your case.
Examples:

• Legal notice
• WhatsApp/email communications
• Registered AD or courier receipts

4. Evidence of Misconduct or Dispute

Provide clear evidence depending on your complaint type:

• Photos or videos of property damage
• Audio/video recordings of threats or abuse
• CCTV footage (society or personal)
• Society/Neighbour complaints
• Medical records (if harassment or assault caused injury)
• Screenshots of messages or call logs showing threats, non-payment, or illegal activities

5. Payment Records

If the issue is non-payment of rent:

• Bank statements
• UPI/online transaction records
• Written acknowledgements or rent receipts

6. Identity and Address Proof of Landlord

Police may ask for your documents too, such as:

• Aadhaar card
• PAN card
• Ownership proof of the property

Bringing these documents ensures that your complaint is complete, credible, and easy for the police to process.

How to File a Police Complaint Against a Tenant in India - In Person

If your tenant’s actions involve threats, abuse, criminal trespass, or any other criminal behaviour, you can file a complaint directly at the police station. The process is simple, but each step must be done correctly to ensure the police take proper action.

Step 1 – Identify the Correct Police Station

You must file your complaint at the local police station that has jurisdiction over your rented property.
This is usually the station closest to the address where:

• The rental dispute occurred
• The illegal activity happened
• The tenant resides

You can check the jurisdiction online using the state police website or simply ask your nearest police station for confirmation.

Step 2 – Draft a Clear Written Complaint

Prepare a simple, factual written complaint that includes:

• Your full name and address
• Tenant’s name and details
• Property address
• The specific misconduct (threats, damage, stay after notice, illegal activity)
• Dates, incidents, and any witnesses
• A request for police action

Attach relevant documents like the rent agreement, photos, videos, notices served, or payment proof.
A clear complaint helps the officer understand the problem and record it properly.

Step 3 – Visit the Police Station and Submit the Complaint

Go to the police station in person and submit your complaint at the reception or to the duty officer.
You may need to:

• Explain the incident
• Show evidence
• Provide your ID proof
• Answer basic questions

Always carry two copies of the complaint. Ask the police to stamp and acknowledge one copy so you have proof of submission. If you are unsure whether your matter is civil or criminal, speak to a property lawyer before taking any step.

Step 4 – FIR vs NCR: What Will the Police Register?

Depending on the nature of the tenant’s behaviour, police may register:

FIR (First Information Report)
Filed for serious criminal offences such as:

• Criminal intimidation
• Assault
• Criminal trespass
• Illegal activities
• Cheating or fraud

Once an FIR is registered, the police must investigate and take further action.

NCR (Non-Cognizable Report)
Filed for minor offences like verbal abuse or simple nuisance. In such cases, the police cannot arrest without a court order, but the NCR still acts as an official record and warning to the tenant.

If the matter is purely civil (like rent arrears or refusal to vacate), the police may simply take your complaint in writing and guide you to approach the Rent Court.

Step 5 – Follow-Up and Parallel Civil Remedy

A police complaint helps control criminal behaviour, but it does not replace the civil eviction process. After filing the complaint:

• Follow up with the investigating officer
• Provide extra evidence if asked
• Attend meetings or inquiries when called

At the same time, continue or start your parallel civil remedy:

• Eviction suit
• Rent recovery suit
• Injunctions (if the tenant is creating a nuisance or damaging property)

This dual approach ensures both criminal misconduct and civil disputes are addressed properly and legally.

How to File a Police Complaint Against a Tenant Online in India

If you cannot visit the police station in person, you can still file a complaint online. Most states now allow residents to submit complaints digitally, and the central government provides a unified portal for registering grievances.

Here is how you can do it:

1. Use the National Police & Cyber Crime Portal

You can file a general complaint through the official government portal:

Website: www.cybercrime.gov.in

Although this portal is commonly used for cyber-related issues, it also accepts general grievances, including:

• Harassment or threats by a tenant
• Fraudulent rent-related behaviour
• Online abuse, digital threats, or cheque fraud connected to the tenant

Steps to file:

1. Visit the portal and click on “Report Other Cyber Crime”.
2. Select your state and district.
3. Register or log in using your mobile number and OTP.
4. Fill in the complaint form with complete details about the tenant and the incidents.
5. Upload supporting documents (rent agreement, audio/video clips, photos of damage, messages, etc.).
6. Submit the complaint and note the acknowledgment number for tracking.

This gets forwarded to your local police station for action.

2. File a Complaint on Your State Police Website

Almost every state police department in India has an online portal where you can submit:

• Online police complaint
• Request for action
• NCR (Non-Cognizable Report)
• E-complaint form

Common state portals include (examples):

• Delhi Police
• Maharashtra Police
• Uttar Pradesh Police
• Karnataka Police
• Tamil Nadu Police

How it works:

1. Go to your state police website.
2. Look for “Citizen Services”, “Lodge Complaint Online”, or “E-FIR” section.
3. Fill in the required details: landlord info, tenant details, property address, and incident summary.
4. Upload evidence such as rent agreement, photos, videos, or notices.
5. Submit the form and download the complaint receipt.

Not all states allow E-FIRs for every offence; some only allow complaint submission, after which the police may call you for verification.

3. Follow-Up After Online Submission

Once you submit the online complaint:

• You will receive an acknowledgment or reference number.
• Police may call for additional details or ask you to visit the station for verification.
• For serious offences (threats, assault, illegal activities), an FIR may still require an in-person statement.

Online complaints are especially useful when you need to create a written record, even if the situation is still developing. Filing online is convenient, but always remember that criminal offences usually require physical verification, so be prepared for the police to contact you for further steps.

What the Police Can and Cannot Do?

Before filing a complaint, it helps to understand exactly how much power the police have in landlord–tenant disputes. Many issues are civil in nature, so police action may be limited.

The Police Can Do

• Take action for criminal offences such as threats, assault, abuse, criminal intimidation, trespass, fraud, or illegal activities by the tenant.
• Register an FIR for serious offences like criminal trespass, physical violence, cheating, or property damage done with criminal intent.
• Register an NCR (Non-Cognizable Report) for minor offences such as verbal abuse or nuisance.
• Call the tenant to the station for inquiry, counselling, or issuing a formal warning.
• Help maintain peace if the tenant becomes violent, abusive, or creates a public disturbance.
• Record your written complaint, even if the issue is not criminal, so there is a documented record.

The Police Can not Do

• Forcefully evict the tenant from the property. Eviction is purely a civil court process.
• Break open locks or seize the tenant’s belongings unless there is a criminal case or court order.
• Interfere in rent disputes or simple non-payment cases without any criminal element.
• Take action without jurisdiction if the property falls under another police station’s area.
• Register an FIR for purely civil matters, such as refusal to vacate after notice or pending rent without fraud.

Understanding these limits saves time and helps you take the correct legal route.

What to Do If the Police Don’t Act

Sometimes police may delay or refuse to register a complaint, especially when they believe the issue is civil. If this happens, you still have strong legal options.

1. Request Written Reasons for Refusal

Ask the officer to give a written explanation under Section 154(3) CrPC for not registering an FIR.
This often pushes the police to reconsider your complaint.

2. Approach the Senior Police Officer

You can escalate your complaint to:

• The SHO (Station House Officer)
• The ACP/DSP
• The SP or Commissioner
  They have the authority to order registration of FIRs or direct the station to act immediately.

3. Send a Complaint by Email or Speed Post

Send your complaint directly to the Superintendent of Police (SP) under Section 154(3) CrPC.
If SP finds merit, they can instruct the local police station to register an FIR.

4. File a Complaint Through Online Police Portals

Submitting the complaint online (state police website or national portal) creates an official digital record, which forces police to acknowledge it.

5. Approach the Magistrate Under Section 156(3) CrPC

If the police still refuse to register an FIR, you can approach the Judicial Magistrate.
The Magistrate can:

• Order the police to register the FIR
• Monitor the investigation
• Direct strict action against negligent officers

This is a powerful legal remedy.

6. Continue Civil Remedies in Parallelly

Even if police delay action, you can still:

• File an eviction suit
• File a recovery suit for unpaid rent
• Seek injunctions against nuisance or property damage

Combining civil and criminal remedies is usually the fastest way to resolve tenant problems.

Sample Format For police Complaint Against Tenant India

Below is a concise, adaptable sample format for a police complaint against a tenant in India. You can copy‑paste and edit the placeholders as per your facts. This is only a general draft; for serious matters, consult a local lawyer for state‑specific and BNS/IPC section referencing.

Click here to download the sample draft

Conclusion

Dealing with a difficult tenant can be stressful, but having a clear understanding of your rights and options makes the process far easier. As explained throughout this guide, filing a police complaint against a tenant in India is a serious step and should be taken when the tenant’s actions cross into criminal behaviour, such as threats, harassment, property damage, illegal occupation, or re-entry after eviction. With the right documents, proper evidence, and a well-drafted written complaint, landlords can ensure that their grievance is registered and acted upon. At the same time, it is important to remember that eviction and rent recovery remain civil processes, and the police cannot forcefully evict a tenant without legal orders. This is why documenting everything, taking parallel civil remedies, and seeking timely legal advice becomes essential.

Disclaimer: This article provides general information about filing police complaints against tenants in India. Laws and procedures may vary by state and are subject to change. Readers should consult a qualified Advocate for advice tailored to their specific facts and circumstances.