Understand Tenancy Issues Arising During The Lockdown Period

As the Lockdown continues many of us are still left perplexed as to what consequences will follow, in such uncertain times it is critical that clarity is provided to every one of us. In such distressing time we are very likely holding onto any and everything which is dear to us, most importantly the finances are a major concern to every one of us.

What I intend to achieve by means of this article is provide clarity in respect to tenancy/lease issues arising during the lockdown period, first, this issue did not concern but when I came across a friend who was compelled to pay rent during the lockdown period and he had to succumb to the landlord’s demand that ultimately led me to write this article and provide the correct information.

Having practiced in the civil side and dealt with Landlord-tenant cases, eviction matters, the Landlords who seemingly appear to be kind, lovely and hospitable can in a change of moment can turn out to be unapologetically cruel, but to act cruel during such trying and challenging times of the lockdown can be classified as being inhumane.

What can a tenant do, if he has zero income flow for this month and yet the Landlord is asking for rent?

In a situation where a student/worker/servicemen any tenant who is unable to pay the monthly rent during the lockdown and still the Landlord is compelling them for rent, then, in that case, the tenant can politely refuse to pay any rent.

Is there any official document from the government which supports this?

Yes, the District Magistrate has issued orders, one such order dated 28.03.2020 has been issued by the District Magistrate, Lucknow clearly stating that it has come to the knowledge of the government that there are landlords who despite the lockdown have been compelling the tenant for rent, therefore it has been provided that under no circumstances can a landlord pressurize a tent to pay rent.

Can there be any penal action or complaint against the erring landlord?

Yes, it is provided that any landlord acting in violation of the order then he will be prosecuted under section 51 of the Disaster Management Act, 2005, which may extend to 1-year imprisonment or fine or both.

As a welfare state, it is the bounded duty of the state to help their citizen during such distressing times, therefore all measures are intact and executives, as well as the legislature, have taken care of majorly everything it is about providing information to be made available.

Even otherwise no landlord can forcefully evict and dispossess a tenant or any person in settled possession except in due course of law, due course of law is sending a legal notice of eviction which is followed by a suit for eviction filed in the competent court. Protection is duly provided, it’s time we recognize and acknowledge our own rights.