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Landlords in India operate from a position of perceived authority. They own the property. They hold the deposit. They decide whether to renew. This power imbalance is real — but it has limits.
Indian law places clear restrictions on what landlords can and cannot do. Most landlords know this. Most tenants don’t — until a line gets crossed.
Here are ten things your landlord legally cannot do, regardless of what your agreement says, what they believe, or how they frame their demands.
Table of Contents
- Cannot Evict Without Notice or Court Order
- Cannot Enter Without Permission
- Cannot Cut Essential Services
- Cannot Increase Rent Mid-Tenancy
- Cannot Demand More Than the Deposit Cap
- Cannot Make Arbitrary Deposit Deductions
- Cannot Discriminate Against Tenants
- Cannot Harass or Threaten Tenants
- Cannot Withhold Rent Receipts
- Cannot Force You to Accept Illegal Clauses
1. Cannot Evict Without Notice or Court Order {#no-eviction}
A landlord cannot physically remove you from the property — or create conditions that force you to leave — without serving proper written notice and, in most cases, obtaining a court order.
Changing locks, removing belongings, or threatening departure without following legal process constitutes illegal eviction. It can be reported to the police and the Rent Authority.
Related read: Can a landlord evict without notice in India? ?
2. Cannot Enter Without Permission {#no-entry}
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A landlord cannot enter your rented property without your permission and adequate advance notice — typically 24 to 48 hours. This applies even for repairs and inspections.
In March 2026, the Kerala High Court upheld the criminal conviction of a landlord who entered a rented room without permission and threw out the tenant’s belongings. He was convicted of house trespass and mischief under the IPC.
Related read: Landlord entry rules India — can they walk in anytime? ?
3. Cannot Cut Essential Services {#no-utilities}
A landlord cannot cut off water, electricity, gas, or any other essential service as a pressure tactic — even during a rent dispute, even if you have missed payments, even if they want you to leave.
Withholding essential services is illegal under most state rent control frameworks and the Model Tenancy Act. Tenants can report such action to the Rent Authority for immediate restoration and file a police complaint if the conduct amounts to harassment.
4. Cannot Increase Rent Mid-Tenancy {#no-mid-rent}
A landlord cannot unilaterally increase rent during an active tenancy period. The rent agreed at signing is fixed for the duration of the agreement — any change requires written agreement from both parties.
A mid-tenancy rent demand accompanied by a threat to evict is an illegal act on two counts: the unauthorised rent increase and the illegal eviction threat.
Related read: Rent increase rules India — what your landlord can do ?
5. Cannot Demand More Than the Deposit Cap {#no-excess-deposit}
Under the Model Tenancy Act and Karnataka’s 2025-26 rental rules, security deposits for residential tenancies are capped at two months’ rent. A landlord demanding six, eight, or ten months’ deposit in a state that has adopted this framework is acting in violation of the rules.
Even where the formal cap has not been adopted, an excessive deposit demand can be challenged at the Rent Authority as unreasonable.
Related read: Security deposit rules India ?
6. Cannot Make Arbitrary Deposit Deductions {#no-deductions}
A landlord cannot deduct from your security deposit without providing an itemised breakdown with supporting bills and photographs. Deductions for normal wear and tear — fading paint, minor scuffs — are not valid.
A landlord who withholds your deposit without clear, documented justification is liable for recovery through consumer court, Rent Authority, or civil suit.
Related read: Landlord not returning deposit — what to do ?
7. Cannot Discriminate Against Tenants {#no-discrimination}
A landlord cannot refuse to rent or create discriminatory conditions based on a tenant’s religion, caste, state of origin, or nationality.
In Delhi, the Special Police Unit for the North East Region — SPUNER — handles cases involving landlord harassment of tenants from northeastern states. Racial or regional discrimination in rental is actionable.
Related read: Delhi: 1 in 4 PCR calls from northeast residents linked to landlord harassment ?
8. Cannot Harass or Threaten Tenants {#no-harassment}
A landlord cannot use threats, intimidation, repeated unannounced visits, verbal abuse, or physical pressure to force a tenant to comply with their demands or vacate the property.
Harassment by a landlord is both a civil matter — actionable through the Rent Authority — and potentially a criminal one under the IPC sections on criminal intimidation (Section 503) and wrongful confinement.
9. Cannot Withhold Rent Receipts {#no-receipts}
A landlord must issue a rent receipt for every payment made. Refusing to issue receipts denies the tenant proof of payment — which affects their ability to claim HRA, resolve deposit disputes, and establish a payment record in any legal proceeding.
Under the new Income Tax Act 2025, rent receipts and rent agreements have additional significance as tax documents.
Related read: Rent receipt format India — complete guide ?
10. Cannot Force You to Accept Illegal Clauses {#no-illegal-clauses}
A landlord cannot include clauses in a rental agreement that violate applicable law — and even if such clauses are included and signed, they are not enforceable.
Common examples of illegal clauses that appear in Indian rental agreements: waiving the tenant’s right to a deposit refund, allowing the landlord to evict without notice, permitting entry at any time without restriction, or requiring the tenant to pay for all maintenance regardless of cause.
A clause that violates the law is void — regardless of whether both parties signed it.
Final Thought
Ten prohibitions. Each backed by law. Each violated somewhere in India every day, by landlords who rely on tenants not knowing any of this.
The most effective protection is not an aggressive response to every violation. It is documentation, written communication, and knowing which line to draw — and what to do when it is crossed.
Know your rights. Know the limits. Browse all tenant guides ?
