• Can a landlord lock me out of his property unpaid dues/delayed dues?

I have an agreement for a shop for 8 years starting march 2020 with monthly rent of 99,000/- and increment of 25% every 4 years, I have been paying rent in full and have a backlog of 3 months due to financial hardships. Initially we had paid an advance of Rs.10,00,000/- which was to be adjusted with 7 months of rent and the remaining 3lakhs as security deposit. Now my landlord has entered the premise without my permission taken the keys from the counter and has now locked me out of the property with all my belongings still locked inside .
Please advise how i can move forward in these circumstances as they have closed my source of livelihood
Asked 29 days ago in Property Law
Religion: Hindu

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11 Answers

Your landlord’s act of locking you out is illegal. File a police complaint for criminal trespass (Sec. 441 & 448 IPC), attach your rent agreement and proof of payments. Send a legal notice demanding possession and compensation. If unresolved, file a civil suit under Sec. 6 of the Specific Relief Act and seek an interim injunction (Order 39 Rule 1 & 2 CPC) to regain possession and prevent further interference.

 

 

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

A landlord cannot forcibly lock you out or take possession of a rented property without due legal process, even if rent is unpaid; this is called unlawful eviction and is illegal under Indian law. Immediately file a police complaint for wrongful restraint, contact a civil lawyer to seek an injunction from the local court for restoration of access, and demand your belongings be returned.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

1) landlord cannot  take law into his own hands . he has to issue you legal notice to terminate your rental agrement for unpaid dues followed by filing suit for eviction 

 

2) you have agrement for 8 years .

 

3) file police complaint agianst landlord for locking you out of property of which you are tenant \

 

4) file suit against landlord Under the Specific Relief Act, 1963 (Section 6): This provides a summary remedy if you were dispossessed without your consent and otherwise than in due course of law, and the suit is filed within six months of the date of dispossession.

 

5) you only need to prove your prior possession and unlawful dispossession, not your title to the property. However, a claim for damages cannot be combined with a suit only for possession under this section; a separate claim would be needed for damages.

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

Dear Client, your landlord acted illegally by locking you out and claiming your shop without coordinating with you first, even if there is money owed for rent. The law prohibits a landlord from forcibly evicting a tenant or taking possession of premises without a court order to do so. You should report the landlord criminally for trespass (Section 441 IPC) and for wrongful confinement (Section 342 IPC) as soon as possible. Specifically, state in your report that the landlord has locked your commercial premises without notice and then took the keys with him or her. In addition, you should file a civil complaint for injunction and restoring possession at the civil court. You can seek emergency interim relief under the terms of Order 39 Rules 1 and 2 CPC in order to restore and reopen your commercial premises and restrain the landlord from future interference with your possession. Please keep all receipts as evidence, as well as your lease, and any correspondence ("forensics") related to any payments made. I hope this guidance is useful. If you have any further questions, please feel free to reach out to us again.

Anik Miu
Advocate, Bangalore
11006 Answers
125 Consultations

A landlord cannot evict or take possession of rented premises without due process of law (i.e., without a court order).

Even if rent arrears exist, the landlord must file an eviction suit under the Rent Control Act (applicable state law) or Transfer of Property Act, 1882 (Sec. 106) if it’s not under Rent Control.

Entering and locking the premises without your consent is a criminal act, it can be  treated as:

Criminal trespass (Sec. 441 IPC), 

Criminal intimidation (Sec. 506 IPC) if threats were made,

Theft (Sec. 378 IPC) if any belongings are missing or inaccessible.

You may approach the nearest police station and lodge a criminal complaint against him on the above grounds.

After that you can file a civil suit for injunction to restrain him and for possession.

Both civil and criminal actions can run simultaneously.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

- As per law, the said landlord cannot lock and even enter into your shop without getting your permission even there is arrears of rent. 

- The said landlord has taken law on his hand, and hence you can lodge a complaint before the police and higher police officials

- Further , you can also file an Injunction suit before the civil judge of your district for allowing you to open the shop and to restrain the landlord from entering into your shop . 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

You can move to court seeking relief under specific relief act for restoration of possession but you need to clear the outstanding rent to landlord . You can’t continue staying without payment of rent as matter of right 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

What your landlord has done is unlawful. Even if there is rent outstanding, a landlord cannot enter the premises without permission, take the keys, lock the shop, or dispossess a tenant by force. The law requires that eviction can only take place through a proper legal process and with a court order. Locking you out and preventing you from accessing your goods and livelihood amounts to illegal dispossession, criminal trespass, and interference with your business rights.

You are entitled to immediate legal relief. You can act on both the civil and criminal side at the same time. The first step is to file a written police complaint stating that the landlord entered the property without consent, removed the keys, and locked the premises while your belongings and business equipment are inside. This complaint should mention criminal trespass, wrongful restraint, intimidation if any threats were made, and unlawful interference with property.

Alongside the police complaint, you should quickly file a case before the civil court seeking a mandatory injunction to restore possession, along with a permanent injunction restraining the landlord from obstructing your access in the future. Courts take forced eviction very seriously, and in such cases, interim relief can be granted within a few days, sometimes even within 24 to 72 hours, ordering that the premises be reopened. You may also claim compensation for loss of business caused by his action.

It is important to collect and preserve evidence, including the rent agreement, proof of rent payments made so far, security deposit details, any CCTV footage showing the landlord entering the premises, witness statements from employees or neighbours, photographs of the changed lock, and any communications from the landlord attempting to justify his actions. These will support your complaint and injunction petition.

The fact that you have rent arrears does not give the landlord the right to take the law into his own hands. The law is clear that even a defaulting tenant cannot be dispossessed without a court order. You may also mention that you are willing to clear the pending rent, but that does not justify an illegal lockout.

Yuganshu Sharma
Advocate, Delhi
945 Answers
2 Consultations

Immediately lodge a Police complaint against your landlord for trespassing into your tenanted premises.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
338 Consultations

No, the landlord's action of locking you out is almost certainly illegal and constitutes a "self-help" eviction, which is not permitted under Indian law.

Regardless of your unpaid rent, the landlord cannot take the law into his own hands. The proper legal channel for him to recover possession of the property is through a court order obtained via a civil suit for eviction. By locking you out, he has committed trespass and illegal eviction.

Lalit Saxena
Advocate, Sonbhadra
81 Answers

This is a clear case of illegal eviction and unlawful dispossession by the landlord. Even if you had fallen behind on rent, your landlord had no right to take the law into his own hands and forcibly take possession of the premises. Let me explain your legal position and the steps you can take.

1. The landlord’s act is illegal under law
When there is a valid and subsisting lease agreement, the landlord cannot forcibly enter, seize keys, or lock the premises without due legal process. He must obtain possession only through a court decree or eviction order under the Rent Control Act or Civil Procedure Code.
Even if rent is due, the landlord is required to serve a demand notice, give you time to pay, and then file an eviction petition before the Rent Controller or Civil Court. Forcibly locking you out amounts to trespass, criminal intimidation, and illegal possession.

2. Immediate remedies you can pursue
a) Police complaint:
Go to the local police station and file a written complaint stating that your landlord has entered the shop illegally, taken the keys, and locked you out. Mention that your business assets and goods are still inside.
You can cite relevant offences under the Indian Penal Code — Sections 441 (criminal trespass), 442 (house trespass), 379 (theft, if any items are missing), and 506 (criminal intimidation, if threats were made).
Request the police to intervene immediately, open the lock, and restore your possession.
If police refuse to register an FIR, submit a written complaint to the Superintendent of Police under Section 154(3) CrPC or move a private complaint before the Magistrate under Section 200 CrPC.

b) Civil action for restoration of possession:
You can simultaneously file a civil suit for mandatory injunction and restoration of possession in the Civil Court. The reliefs sought can include:

  • Immediate restoration of possession of the shop.

  • Restraining the landlord from interfering with your peaceful possession.

  • Compensation for business losses and mental harassment.
    The court can grant interim relief under Order 39 Rules 1 and 2 CPC, directing the landlord to open the lock and restore possession pending final decision.

c) Application before Rent Controller (if property falls under Rent Act):
If the premises are governed by the local Rent Control Act (e.g., Maharashtra Rent Control Act, 1999), you can file a complaint for unlawful eviction and seek restoration. Under Section 24 of the Act, any landlord who evicts a tenant without following due process is liable to criminal prosecution.

3. Documents and evidence you should gather immediately

  • Copy of your registered lease agreement.

  • Proof of rent payments (bank transfers, receipts, statements).

  • Proof of the Rs.10 lakh advance and how it was adjusted.

  • Photographs or videos showing the landlord’s lock or closure of the premises.

  • Witness statements from staff or neighbors confirming that the landlord entered and took the keys.
    These will be crucial both for the police complaint and for the civil court case.

4. Additional legal options
If the police are reluctant to intervene, you can send a legal notice through an advocate demanding that the landlord open the shop immediately and allow you to resume possession, failing which you will initiate criminal and civil action.
If the goods inside the shop are perishable or of high value, you can file an urgent application in court seeking interim custody or inventory protection.

5. Important legal principles supporting your case
The law recognizes possession of a tenant as a protected possession. Even if the tenancy is terminated, the landlord cannot forcibly evict the tenant without a decree of possession from a competent court. Any such act is illegal and punishable.
The Supreme Court and various High Courts have repeatedly held that “self-help eviction” by a landlord is impermissible in law.

In summary:

  • The landlord’s act is illegal.

  • File an immediate police complaint for trespass and unlawful possession.

  • File a civil suit for injunction and restoration of possession.

  • Collect all your proof of tenancy and payments.

  • Do not break the lock yourself — act strictly through legal process so that you remain in the right.

Indu Verma
Advocate, Chandigarh
169 Answers
8 Consultations

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