Landlord rights in India: what you can and cannot do
By Giridhar Reddy, founder of Domvio, Bengaluru
Published
A landlord in India has the right to the agreed rent on time, to get the property back when the tenancy ends, to evict through a court or rent authority on legal grounds, and to recover unpaid dues from the deposit or in court. You cannot evict by force, change the locks or cut water and electricity.
This is a sample for general information, not legal advice. Laws differ by state. It has not yet been reviewed by a lawyer. Have a lawyer examine it for your situation before you use or rely on it.
Your rights as a landlord, and the law behind each
| Right | What it means | Where it comes from |
|---|---|---|
| Rent on time | The tenant pays the rent agreed, at the time and place agreed | Your agreement; Transfer of Property Act section 108(l) |
| Possession when the lease ends | The tenant hands back the property when the lease is determined | Transfer of Property Act, section 108(q) |
| Ending a month-to-month lease | Either side can end a month-to-month residential lease with 15 days' written notice, unless the agreement or local law says otherwise | Transfer of Property Act, section 106 |
| Eviction on legal grounds | Non-payment, subletting without consent, misuse and other grounds, through the rent controller, rent court or civil court | Your state's rent law, such as Karnataka section 27; otherwise the Transfer of Property Act |
| Recovering unpaid rent | Sue for arrears within three years of each month's rent falling due | Limitation Act, Article 52 |
| Deductions from the deposit | Deduct unpaid rent, bills and damage beyond normal wear and tear, as the agreement allows, with a written account | Your agreement; see security deposit refund |
| Rent increase | As the agreement's escalation clause says, or the rent act where it applies | Your agreement; your state's rent law |
| The tenant cannot deny your title | A tenant cannot dispute that you owned the property when the tenancy began | Bharatiya Sakshya Adhiniyam, section 122 |
A tenant never becomes the owner by staying long. Read the 12-year tenant rule.
What a landlord must not do
No eviction without a court order
Section 6 of the Specific Relief Act, 1963 lets a person who is dispossessed without their consent, other than by due process of law, sue to get possession back within six months. Changing locks or removing a tenant's belongings can therefore put the tenant back in and you in the wrong.
- Do not cut essential supplies. Delhi's section 45 and Karnataka's section 49 bar a landlord from cutting off water, electricity and similar supplies without just cause, and lawyers warn it can lead to criminal proceedings (SCC Times).
- Do not keep the deposit without accounting for it. List every deduction with a bill, meter reading or photo.
- Do not harass or threaten the tenant or their family, however late the rent is.
Your duties as a landlord
- Give receipts. Where a rent act applies, it may require them: Delhi's section 26 entitles the tenant to a signed receipt for every payment. A rent receipt for each month also protects you.
- Disclose defects and hand over the property. Section 108 of the Transfer of Property Act makes the lessor disclose material defects the lessee could not easily find and put the lessee in possession, unless the agreement says otherwise.
- Repairs as agreed. The agreement usually splits minor and structural repairs. See landlord not doing repairs.
- Tenant police verification, where your state or city police require it. See tenant police verification.
- Tax on rent. Rent is taxable income. See the rental income tax calculator.
What to do when a tenant breaks the agreement
Remind in writing
Send dated written reminders. Our rent reminder messages cover polite to final.
Send a notice
A demand for arrears and, where needed, a notice ending the tenancy. Start from the eviction notice format and have a lawyer check it.
Apply to the right forum
The rent controller, rent court or civil court, depending on your state and whether a rent control act covers the property.
Get possession through the court
If the tenant still will not leave, the court's own process hands the property back.
The full route, with timelines, is in tenant not paying rent. In states that have adopted the Model Tenancy Act, two consecutive months of unpaid rent is a ground for eviction and cases go to rent courts.
Your rights depend on your records
Every step above is easier with dated proof of what was due and paid. Domvio sends WhatsApp rent reminders with a UPI link to your own account, logs cash with one tap and sends a PDF receipt for every payment you confirm. See the rent collection app.
Sources and date checked
- Transfer of Property Act, 1882 (India Code)
- Specific Relief Act, 1963, section 6 (India Code PDF)
- Limitation Act, 1963 (India Code)
- Bharatiya Sakshya Adhiniyam, section 122 (AdvocateKhoj copy)
- Delhi Rent Control Act, section 26 (AdvocateKhoj copy)
- Delhi Rent Control Act, section 45 (AdvocateKhoj copy)
- Karnataka Rent Act, sections 27 to 46 (Vidhi Judicial copy)
- Karnataka Rent Act, sections 47 to 49 (Vidhi Judicial copy)
- SCC Times (Khaitan & Co): disconnection of essential utilities by landlords
We last checked these on 21 October 2026. Laws are amended and courts reinterpret them, so have a lawyer confirm the current text before you rely on any section number.
Frequently asked questions
Can a landlord evict a tenant without notice in India?
No. A tenancy has to be ended by notice under the agreement or section 106 of the Transfer of Property Act, and if the tenant does not leave, only a court or rent authority can order eviction.
Can a landlord enter the house without the tenant's permission?
Only as the agreement allows. Most agreements let the owner inspect at a reasonable time after notice. The Model Tenancy Act, where a state has adopted it, is described as requiring 24 hours' written notice.
How long can a landlord claim unpaid rent?
Three years from the date each month's rent fell due, under Article 52 of the Limitation Act. Older arrears may not be recoverable in court.
Can a landlord cut the electricity if rent is unpaid?
No. Rent laws such as Delhi's section 45 and Karnataka's section 49 bar it, and it can lead to criminal proceedings. Use a notice and the courts.
Can a landlord increase rent whenever they want?
No. During the agreement, rent changes only as its escalation clause allows. At renewal you can propose a new rent with notice. Where a rent act covers the property, its rules apply.
Stop chasing rent every month
Domvio reminds your tenants on WhatsApp, takes rent straight to your UPI ID and sends PDF receipts automatically. Free during early access.