Yes. Here is when can a tenant be charged with trespassing:
Any re-entry by the former renter may be considered trespassing if a court issues an eviction order and possession is returned.
Entering places not covered under the lease agreement (such as closed owner rooms or private floors) without permission.
If the tenancy has ended and the landlord legally regains ownership, an extended or renewed entrance might be considered trespass.
If a renter is legally evicted and subsequently breaks in, criminal trespass may apply.
Remember, if someone is trespassing on your land or property, consult a lawyer about filing a civil complaint to stop them.
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When a tenant is legally occupying a rented property in India, they are typically not charged for trespassing. The trespassing charges apply only when a tenant overstays following a valid eviction, enters restricted areas without permission, or re-enters the property after the landlord has lawfully reclaimed ownership.
What is Trespassing in India?
Entering someone else's property without their consent is known as trespassing. It is acknowledged in two main ways under Indian law:
- Civil Trespass
When someone illegally interferes with another person's land possession, it is known as civil trespass. The owner may file a civil lawsuit even in the absence of criminal activity. They might ask for an injunction to prevent future trespassing or damages.
- Criminal Trespass
Criminal trespass is defined under Section 329 of the Bharatiya Nyaya Sanhita (BNS), which replaced Section 441 of the Indian Penal Code (IPC). It happens when someone enters or remains on a property with the intention of committing a crime, intimidating, insulting, or annoying the owner. Trespassing in a house or a property used for storage is considered house trespass. The penalty for this is more severe.
Hire NoBroker Property Lawyer to Send a Legal Notice Against Trespassing.
Can a Tenant Be Charged with Trespassing?
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2026-01-05T16:18:36+00:00 2026-01-05T16:19:08+00:00Comment
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