Landlord cut the power or water, or is harassing you: what to do

What has probably happened

You rent a flat, house or shop. The landlord wants more rent, an early exit or the property back. Instead of going to court, he is putting pressure on you: the water shut off, the electricity cut at the meter, the stair lights or lift stopped. Perhaps he has changed the gate lock, entered your flat while you were out, or sent people to threaten you.

This is a common way of pushing a tenant out. It is not a lawful one.

What the law gives you. While you pay the rent and keep the terms of your tenancy, the landlord is treated as having promised that you may hold the property for the period of the lease without interruption. That is Section 108(c) of the Transfer of Property Act, 1882, unless your agreement says otherwise. Your own duties are to pay the rent on time (Section 108(l)) and to look after the property (Section 108(m)).

How a tenancy ends. A tenancy ends by notice, by its time running out or in the other ways the law lists. If the tenant does not leave, the landlord files an eviction case, and possession is handed over through the court. Removing a tenant without consent and without a court process is exactly what Section 6 of the Specific Relief Act, 1963 guards against: a person thrown out that way can sue to get possession back within six months, whatever title the landlord has.

Your state's rent law may say more. Many states have a rent control Act for certain premises. The one in our statute library is the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, as in force in Gujarat. Under its Section 24:

• a landlord must not, without just or sufficient cause, cut off or withhold an essential supply or service — water, electricity, lights in passages and on staircases, lifts, and conservancy or sanitary service;
• the tenant can apply to the court, which can order the landlord to restore the supply by a date, with a daily fine if he does not;
• a landlord who breaks the rule can be punished with imprisonment of up to three months, a fine, or both.

Several other states' rent laws have a similar rule. Whether one covers your property depends on the state, the area and the kind of premises. An advocate can tell you.

When it is also a crime. Some kinds of harassment are offences under the Bharatiya Nyaya Sanhita, 2023:

• Wrongful restraint (Section 126): blocking your way to a place you have a right to go, such as locking the gate to your own home.
• Criminal trespass and house-trespass (Section 329): entering property in your possession, or your home, to intimidate, insult or annoy you, or to commit an offence. While you are the tenant in occupation, the flat is in your possession.
• Criminal intimidation (Section 351): threatening you, your family or your property to make you do something you are not legally bound to do, such as leave.

What to do, step by step

Day 0 — the day it happens. Write down the date and time. Take dated photos and video: the dry tap, the switched-off meter, the new lock. Save every message and voice note from the landlord. Note the neighbours or guards who saw it, and write down any threat word for word the same day.

Day 0 to 1 — ask, in writing, for the supply back. Send the landlord a short message or email: what was cut off, when, and that you ask for it to be restored at once. Say that your rent is paid up to a stated month. A calm written request, ignored, is useful evidence later.

Keep paying the rent. Pay by bank transfer, UPI or cheque on the usual date, so there is a record. If the landlord refuses to take it, keep proof that you offered it: the returned transfer, a message, or a letter sent by registered post. Do not hold back rent to "punish" him. That hands him a ground to evict you.

If there are threats, forced entry or a lock-out — the police, the same day. Go to the police station for the area and give a written complaint. Set out the facts in order, name the people involved, and attach copies of your photos and messages. Ask for a receipt for the complaint. The police act on the offence; they do not decide whether your tenancy continues.

Within a few days — a legal notice from an advocate. A legal notice is a formal letter, sent by an advocate in your name. It sets out your tenancy, the rent paid, what the landlord has done, the law that forbids it, and a short deadline to restore the supply and stop interfering. It also says you will go to court if he does not. Many landlords back down at this stage.

If the notice is ignored — the court. There are two usual routes, and an advocate picks the one that fits your state and your property.

• Under your state's rent law, where it applies. In Gujarat, for example, you can apply under Section 24 for a direction to restore the supply. Section 28 of that Act names the court that hears such matters: the Court of Small Causes in Ahmedabad and in areas that have one, and elsewhere the Civil Judge for the area where the premises are.
• A civil suit with an urgent injunction. An injunction is a court order telling a person to do, or stop doing, something. The suit asks for a perpetual injunction stopping the landlord from interfering with your possession (Section 38, Specific Relief Act), and a mandatory injunction — an order to do something — to restore the supply (Section 39). Filed with it is an application for a temporary injunction: an order that holds things in place until the case is decided (Section 37). A suit about rights in immovable property is generally filed in the court where the property is (Section 16, Code of Civil Procedure). See the temporary injunction guide for how that hearing works.

If you have been thrown out — move fast. If you were living in or using the property and were removed without your consent and without a court order, a suit under Section 6 of the Specific Relief Act can get possession back without your having to prove title. It must be filed within six months of losing possession, and it does not lie against the government. Do not spend those months on letters alone.

Timeline and costs

When	What	Who pays
Day 0	Photos, video, messages, witness names	—
Day 0 to 1	Written request to the landlord	Free
Same day, if threats or a lock-out	Written complaint to the police	Free
Within days	Legal notice from an advocate	The advocate quotes their fee before you pay
If ignored	Application under the rent law, or civil suit with a temporary injunction	Court fee (set by your state) and the advocate's fee, which they quote first
Within six months of being thrown out	Suit to recover possession under Section 6	As above

If you want to talk it through before deciding, a 30-minute call with an independent advocate from our panel starts at ₹999.

Documents to keep handy

• The rent agreement, and any renewal.
• Proof of rent paid: bank statements, UPI records, receipts. Proof you offered rent, if it was refused.
• Electricity and water bills, and the meter or connection number.
• Dated photos and video of what was cut, locked or damaged.
• Every message, email and voice note from the landlord or people acting for him.
• Copies of your police complaint and its receipt.
• Names and phone numbers of neighbours or guards who saw what happened.
• Proof that you live there, such as ID or bank letters with the address.

Mistakes that sink people

• Stopping the rent. It turns a strong case into a weak one. Keep paying, with a record.
• Arguing only on the phone. Calls leave no trace. Put requests and complaints in writing.
• Using force to get back in. Breaking locks or fighting can lead to a case against you. Use the police and the court.
• Waiting too long after a lock-out. The six-month limit under Section 6 runs from the day you lose possession.
• Signing whatever the landlord puts in front of you. A paper saying you "surrendered" the tenancy can end it. Read it, or have an advocate read it, before you sign.

Before the next tenancy

A clear written agreement makes this kind of pressure much harder. A rent agreement that sets the term, the rent, the deposit, a notice clause and who pays for which supply costs ₹599 with eMunshi, e-stamped and e-signed. See making a rent agreement. If the landlord is trying to end the tenancy properly, read eviction notice and suit to see what he must do.