Right to Privacy in Rented Premises
The landlord cannot enter the rented premises without prior notice and the tenant's consent.
🗣️ What this means for you
Once you rent a place, it becomes your home. Your landlord cannot enter the property without giving you at least 24 hours' advance notice and without a valid reason (like inspections or repairs). Surprise visits, entering without permission, or keeping duplicate keys to enter without consent are violations of your privacy.
Step-by-Step Action Plan
Inform the landlord in writing that entry without 24-hour notice is not acceptable.
If the landlord has duplicate keys, request their return or change the locks (with information to the landlord).
Document every instance of unauthorized entry with dates, times, and evidence.
If the behavior continues, send a formal legal notice to the landlord.
File an FIR for criminal trespass if the landlord forcibly enters your home.
Seek a civil court injunction restraining the landlord from entering without notice.
⚖️ The Relevant Law
Model Tenancy Act, 2021 / Indian Constitution Article 21 (2021)
Section 18 of the Model Tenancy Act, 2021
"The landlord or the property manager shall not enter the premises let out to the tenant without giving prior notice of twenty-four hours. Entry shall be permitted between 7 a.m. and 8 p.m. and the tenant shall not unreasonably refuse entry for inspection or repairs."
⚠️ Punishment / Penalty
If the landlord repeatedly enters without notice, the tenant can file for an injunction in civil court. In extreme cases, complaints for criminal trespass can be filed under Section 329 of the Bharatiya Nyaya Sanhita (BNS), 2023.
Required Documents
- 📄Rent agreement
- 📄Written complaints to landlord about unauthorized entry
- 📄Evidence of unauthorized entry (CCTV footage, photos, witness statements)
- 📄Legal notice sent to landlord (if applicable)