QUESTION
What can I do if the owner filed a false complaint to shield their offenses?
Asked on Aug 23rd, 2013 on Landlord and Tenant Law - Utah
More details to this question:
I am the tenant for a small office space in a part of the house, for fixed lease period of 3 years for 6 Laths on returnable basis after completion of the period (July 2011 to July 2014). House owner is a widow and the complete things are managed by his son-in-law. They were asking/harassing me to immediately vacate the place from April-2013 onwards. But I told them, I need some time since I need to look for different place. But they did not listen. On 9th May 2013 on the pretext of discussion they called me to their house and started same old harassment and suddenly son-in-law tried to attack on me physically by closing their house doors. Somehow, I managed to escape from there, but he chased me around few yards on the road near. Driver and security came to my immediate help and after seeing them he went back. The same day a complaint was lodged with local police; They booked NC case and advised him in the station to not to man handle me and sort the issue legally; Further to this he continued to harass me and call me on my phone; I did not pick up his calls. On 7th July morning, he came to my house to attack on me with 4 gonads to attack on me, but on calling police, he ran-off. The same day complaint was lodged. But again police made an another NC case, without making a FIR. But the very next day i.e. on 8th July 2013, they broke open my office keys and put their locks restraining me to enter into my office and also they removed my office board. Immediately a complaint was registered with local police, with the previous offences, where police had made it NC (Non-Cognizable cases. A FIR was made with due pressures from higher police officers(after meeting and explaining them) under sections of IPC 341, 352, 427 and 506 on 9th July 2013. Police allowed some time for him without arresting and he surrendered in court on 12th July 2013 and took surety bail.
2 ANSWERS
The police/district attorney must charge a person with filing a false complaint with the police department. It appears that unlawful entry occurred when the landlord wrongfully padlocked your door. Given the apparent disdain you have for each other, perhaps the landlord will agree to terminate the lease and return any deposit.
Answered on Sep 04th, 2013 at 1:56 PM
Estate Planning Attorney serving Spanish Fork, UT
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It is difficult to determine what your question is. You sound like you may have damages you can sue for, however, you will need to go to an attorney to sort it out.
Answered on Sep 04th, 2013 at 1:56 PM