Is police verification of tenants legally necessary?
Although most major cities have made it obligatory for landlords to conduct tenant police checks, we examine whether it is appropriate from a legal perspective, police verification for tenant.
As people move to cities that provide job opportunities, the demand for rental accommodation in India’s major cities has gradually increased. The government has also proposed the Draft Model Tenancy Act 2019, which aims to encourage rental housing in India and make the process of renting properties favorable to both landlords and tenants.
However, when it comes to renting out their homes, landlords face a number of problems. Any criminal act committed by the occupant on the landlord’s property will make the landlord criminally liable. Furthermore, if the property is sold to a tenant with a track record that can scarcely be determined, the whole likelihood of receiving rents from the property may be jeopardized. Offering your living space to such an individual would be a big mistake. Tenant authentication becomes essential at this stage.
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Tenant inspection by the police
What distinguishes it from a background investigation?
As a landlord, you must learn the tenant’s personal and technical information. After all, the entire idea of renting out your home is to make money with little effort. You must assess the tenant’s ability to pay while still guaranteeing that he will not be a general or civil nuisance. The background check is an essential aspect of the renting phase that you can do for your own protection.
Another step in the process is a tenant’s police check. You must also include the police in this operation, in addition to screening your prospective tenants. More specifically, city authorities have made police verification of tenants obligatory in all major districts, so it is not an option.
Technically, there is no statute that requires the landlord to do a police check on the occupant. However, the Indian Penal Code (IPC) has a clause that may result in the landlord being charged with an offense committed by the renter. Section 188 of the IPC, which deals with adherence to a lawfully promulgated order by a civil servant, states that if any disobedience to a public authority’s order is likely to cause injury, the responsible party can be prosecuted.
“It is not required that the defendant plan to cause harm or consider his disobedience to be likely to cause harm. Section 188 states, “It is necessary that he is aware of the order that he disobeys and that his defiance causes, or is likely to cause, damage.”
What happens if you don’t verify the tenants?
What are the repercussions of such disobedience? Whether the landlord’s disobedience induces or threatens to cause ‘obstruction, irritation, or injury to another individual, or the danger of obstruction, annoyance, or injury to any other,’ he or she will be disciplined with “simple imprisonment for a period not exceeding one month, or a fine not exceeding Rs 200, or both.”
If such disobedience results in or threaten to result in a ‘danger to human life, health, or safety, or causes or threatens to cause a riot or affray,’ the landlord can be punished with ‘either description of imprisonment for a term not exceeding six months, or a fine not exceeding Rs 1,000, or both’.
If you want to rent out your property but are concerned about protection, we have a solution that will give you peace of mind. Navimumbaihouses has teamed up with industry experts to assist landlords in conducting Tenant Verification Online with the utmost ease.
Verification of tenants by the police
There are two forms to conduct the tenant’s police check. You should go to the local police station, fill out the tenant authentication form (which can also be accessed from the police station’s website), and email it to the sub-inspector.
Alternatively, you should go to the police station’s official website and order a police check of your resident.
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Verification of tenants using a mobile app
Landlords in certain cities will accomplish this mission with the help of a smartphone app. Suraksha, a new app from the Delhi Police, eliminates the need for documentation and time-consuming tenant checking.
For example, the Nashik Police Department has introduced a Tenant Verification System app that allows landlords to obtain information about tenants without having to visit a police station.
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