Your rights
Can landlord physically throw me out?
Short answer
No. Forced eviction is illegal. Landlord must go through the court process. Physical eviction, changing locks, or removing belongings is criminal trespass.
Understanding the issue
A landlord cannot take the law into their own hands to evict a tenant, regardless of whether rent is unpaid or the lease has expired. Physical eviction, changing locks, removing doors or windows, throwing out belongings, or using goons to intimidate are all illegal. Such actions constitute criminal trespass under BNS Section 329 and criminal intimidation under BNS Section 351. The only legal way to evict a tenant is through a court order obtained after filing an eviction suit. If your landlord attempts forced eviction, immediately call the police, file an FIR, and file a civil suit for injunction to prevent further interference with your possession.
Laws that apply
- BNS Section 329 — Criminal trespass
- Transfer of Property Act — Section 108
- State Rent Control Acts — Eviction procedures