My landlord entered my rented flat without permission. Is this trespass?

What the Law Says

Under Indian law, trespass is a criminal offence when someone enters another person’s property without permission or legal authority. A tenant in lawful possession has the same right to exclude others—including the landlord—as an owner would.

The Indian Penal Code, 1860 defines criminal trespass in Section 441: 'Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit 'criminal trespass'.

A tenant who is in lawful, exclusive possession of the premises is treated as being 'in possession' for the purposes of this section. Therefore, a landlord who enters without consent—or without complying with any notice requirements in the rent agreement—may commit criminal trespass.

The Transfer of Property Act, 1882 does not grant landlords an automatic right of entry during tenancy. Section 108(m) only permits the lessor to 'enter upon the property to inspect its condition' — but only 'on giving reasonable notice' and 'at reasonable times', and only if the lease agreement expressly allows it. Absent such a clause, the landlord has no statutory right to enter.

Statutory Text

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property... is said to commit 'criminal trespass'.

— Indian Penal Code, 1860, s. 441 — Definition of criminal trespass

Statutory Text

the lessor may, on giving reasonable notice and at reasonable times, enter upon the property to inspect its condition...

— Transfer of Property Act, 1882, s. 108(m) — Rights and liabilities of lessor

What to Do

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