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Q.

Can a Landlord Lock Out a Commercial Tenant?

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3 months

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While discussing something with my legal friend, I came to know whether can a landlord lock out a commercial tenant. No, a landlord cannot legally lock out a commercial tenant without following due process, even if there are rent arrears or other disputes. This is unlawful eviction. I have shared more information on this below.

Is a Landlord Allowed to Lock Out a Commercial Tenant?

No. Such an act of changing locks or denying access without a court order amounts to an illegal lock-out or forcible dispossession, which is not permitted under Indian law.

  1. The landlord-tenant relationship for immovable commercial property is governed by the Transfer of Property Act, 1882, including sections about how leases are terminated. 

  2. Also, the Specific Relief Act, 1963 (Section 6) provides a remedy to a person wrongfully dispossessed without due process.

  3. Even if the tenant is in default of payment (rent, etc.), the landlord must first issue a legal eviction notice as per the lease agreement and applicable law, then, if necessary, file an eviction suit in the civil courts. Locking out the tenant or changing locks unilaterally is unlawful.

  4. The tenant can also use criminal remedies; the wrongful lockout may amount to mischief or criminal trespass because property in lawful possession is being wrongfully interfered with.

I hope you found this information helpful.

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