Can Your Landlord Throw Out Your Belongings Over Unpaid Rent? Here’s What The Law Says

Disputes between tenants and landlords are commonplace, often arising from issues such as unpaid rent or minor disagreements. Occasionally, landlords react by changing locks, cutting off electricity, or removing a tenant’s belongings.

The crucial question is whether landlords have any legal right to do this if rent is unpaid. The answer is unequivocally no. In India, evicting a tenant without a court order is illegal.

Here’s What The Law Says

Civil Procedure Code: According to the Civil Procedure Code, landlords must obtain an eviction order from a court. This requires filing an eviction suit in civil court, followed by a hearing where the court may issue an eviction decree. Any action such as changing locks or discarding belongings without a court order is prohibited

by law.

Bharatiya Nyaya Sanhita: Under the new Bharatiya Nyaya Sanhita (BNS), landlords committing acts like throwing out belongings, changing locks, or issuing threats are committing a direct crime, necessitating police intervention.

Relevant BNS sections include BNS 329 (criminal trespass), BNS 324 (mischief), BNS 351/352 (criminal intimidation), and BNS 303 (theft if items are missing).

Rent Control Act: Supports tenants even without a formal agreement. State rent control laws remain unchanged, making it illegal to evict a tenant without proper notice, a defined timeline, or a court order. A tenant’s rights stay protected even without a written contract, rent receipts, bank transfers, and neighbour statements all serve as valid proof of tenancy.

What To Do If Your Landlord Throws Out Your Belongings Or Changes The Locks

1. Immediately file a police complaint: If a landlord forcibly removes belongings, immediately file a police complaint. Cases can be registered under: BNS 329 (illegal entry), BNS 324 (damage to property), BNS 351/352 (threat), and BNS 303 (theft), if any item is missing. Include photos, videos, and a detailed list of items as evidence.

2. Complaint to SDM/Rent Authority: Complaints can be lodged with the SDM or Rent Authority, who can order the lock to be opened, belongings returned, and fines imposed on the landlord.

3. Go to civil court: Civil court can also be approached if belongings are removed from the home. The court may direct the landlord not to change locks, cut off electricity or water, or block access to the house.

What Tenants Must Absolutely Avoid

• Physical violence or assault must be avoided, as it can lead to legal consequences.
• Leaving the house unattended may be considered abandonment of tenancy.
• Forcibly breaking locks can result in a case under BNS.
• Arguments alone are insufficient; all incidents should be documented in a written complaint.
• Photos, videos, and mobile messages are recognized as valid electronic evidence under the updated Indian Evidence Act.