LANDLORD DEVIANCE: A SOCIO-LEGAL STUDY OF CRIMINAL ACCOUNTABILITY IN RENTAL HOUSING

AUTHOR – ASHOK.K, SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – ASHOK.K, LANDLORD DEVIANCE: A SOCIO-LEGAL STUDY OF CRIMINAL ACCOUNTABILITY IN RENTAL HOUSING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 488-490, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Housing is universally recognized as a fundamental human necessity and an essential precondition for the realization of a dignified life. In the Indian context, the right to shelter has been interpreted as an integral component of the right to life under Article 21 of the Constitution. Despite this recognition, access to safe, secure, and non-exploitative housing remains a persistent challenge, particularly within the rental housing sector.

The landlord-tenant relationship, though formally governed by civil law principles, is inherently characterized by an imbalance of power. Landlords, as property-owning individuals, occupy a position of economic and social dominance, while tenants often remain dependent on access to housing for their basic survival and livelihood. This asymmetry creates conditions in which exploitative practices may emerge and persist with limited resistance.

Within the framework of Criminology, such exploitative conduct can be understood through the lens of deviance, particularly when it involves a breach of legal norms or socially accepted standards of fairness. Traditionally, deviance has been associated with marginal or lower socio-economic groups; however, contemporary scholarship has expanded this understanding to include misconduct by individuals in positions of power. This is reflected in the concept of elite deviance, closely linked to the work of Edwin H. Sutherland, who highlighted how socially respected individuals may engage in unlawful or unethical acts within the scope of their occupational roles.

In this context, landlord deviance may be conceptualized as a form of elite class deviance, encompassing a range of practices such as illegal eviction, harassment, denial of essential services, excessive rent demands, and other coercive actions. While some of these practices are addressed under civil law, many possess elements that fall within the domain of criminal law, including intimidation, trespass, and exploitation.

However, a significant concern lies in the manner in which such conduct is treated within the legal system. Landlord misconduct is frequently categorized as a civil dispute rather than a matter warranting criminal accountability. This classification not only limits the scope of legal remedies available to tenants but also reduces the deterrent effect of the law. As a result, deviant practices often continue unchecked, reinforcing existing power imbalances and undermining the principle of housing justice.

This study seeks to critically examine landlord deviance through a socio-legal lens, with particular emphasis on the issue of criminal accountability. By analysing the intersection of legal norms, social structures, and power dynamics, the research aims to highlight the inadequacies of the current legal framework and advocate for a more robust approach to regulating landlord conduct.