Tenant Rights — Eviction & Rent Disputes
When your landlord threatens eviction, cuts utilities, enters without notice, withholds rent receipts, or files an eviction suit
Your rights
5 rights, every one grounded in a specific statutory section.
Right to proper notice of termination of tenancy — for a month-to-month tenancy the landlord must give at least 15 days' notice before the expiry of the tenancy month; for longer tenancies notice periods are longer. This notice must be written.
TPA s. 106Transfer of Property Act 1882 s.106 — duration of certain leases in absence of contract; notice requirements for terminationRight not to be evicted except through a court order — a landlord cannot physically evict you, cut electricity/water, or lock you out without a court decree. Self-help eviction is illegal.
SRA s. 5Specific Relief Act 1963 s.5 — recovery of specific immovable property; protection of possession; self-help eviction not recognisedRight to challenge eviction under your state's Rent Control Act — most states restrict eviction to specific grounds (non-payment of rent, subletting without permission, owner's genuine need). Consult your state's Rent Control Act (e.g., Telangana Rent Act 2017, Delhi Rent Control Act 1958, Maharashtra Rent Control Act 1999).
TPA s. 106State Rent Control Acts override TPA for protected tenancies — check your state's legislation for specific grounds of evictionRight to a rent receipt for every payment made — the landlord is obligated to provide a signed receipt for rent paid; withholding receipts is itself a ground for complaint.
TPA s. 108Transfer of Property Act 1882 s.108 — rights and liabilities of lessor and lessee; lessor's obligation to acknowledge rentRight to apply for injunction if threatened with illegal eviction — a civil court can grant a temporary injunction restraining the landlord from interfering with your possession.
SRA s. 5Specific Relief Act 1963 — injunction available to protect possession pending court proceedings
Your duties
What you must do so the law is on your side.
Pay rent on time and keep payment records (receipts, bank transfer screenshots, or acknowledgements) for at least the past 3 years.
Register your rental agreement if required — under many state Rent Control Acts, failure to register may affect your protections. Consult your state's rules.
TPA s. 107Leases of immovable property — how made; registration requirements for leases exceeding one yearVacate only pursuant to a court decree or written mutual agreement — do not vacate under verbal pressure alone.
Do say
- ·“I require written notice of termination as mandated by the Transfer of Property Act s.106 and our rental agreement.”
- ·“Eviction can only be effected through a court decree — please serve me through the proper legal process.”
- ·“Please provide me with rent receipts for all payments made. Withholding receipts is a violation of my rights.”
- ·“I intend to approach the Rent Controller / civil court if eviction is attempted without due process.”
- ·“Under the state Rent Control Act, eviction is permitted only on specific statutory grounds — please state the ground in writing.”
Do not say
- ·Do not vacate solely on verbal demand — insist on written notice citing the legal ground.
- ·Do not accept a refund of security deposit as "settlement" without a written, dated receipt and a statement that no further claims exist.
- ·Do not allow the landlord entry at unreasonable hours without prior notice — this is trespass.
- ·Do not stop paying rent even if the landlord is in default (e.g., not maintaining property) — continue paying and file a separate complaint; rent stoppage can harm your case.
Get a lawyer immediately if
- ·If the landlord cuts electricity, water, or locks you out — this is illegal forcible dispossession. File a police complaint (cognisable offence) and consult a lawyer immediately.
- ·If you receive a legal notice or court summons — respond within the time given and consult a lawyer immediately; ignoring it leads to ex-parte orders.
- ·If the landlord enters your premises without permission repeatedly — document with photos/videos and consult a lawyer; this constitutes trespass.
- ·If you are asked to vacate without any written notice — do not comply. Consult a lawyer immediately.
- ·Note: Rent Control Acts vary significantly by state. The rights described here are general. Always consult your state's specific legislation and a lawyer.
Emergency contacts
National helplines available 24/7.
Statutory references
Every right and duty above is anchored in one of these.
- TPA s. 106Notice requirements for termination of tenancy
- TPA s. 107Registration requirements for leases exceeding one year
- TPA s. 108Rights and liabilities of lessor and lessee
- SRA s. 5Protection of possession; self-help eviction not recognised
Need this in an emergency?
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Get the mobile app →Not legal advice. This guide is a citation-grounded reference, not a substitute for a lawyer. If your rights have been violated or you need to act on something specific, consult an advocate. We do not connect citizens to lawyers (BCI Rule 36 compliant).
Every right and duty above maps to a section of an Indian statute. We do not generate legal text — every quoted citation is sourced from BNS / BNSS / BSA / Constitution / the relevant special Act and verified before publication.