No, a landlord cannot legally cut off water or electricity to force a tenant to vacate the premises. This act is considered illegal and tenants have several remedies available to them, both criminal and civil.
Criminal Remedies:
Trespass:
If a landlord enters the property to disconnect utilities without legal eviction proceedings, it could be considered trespass.
Criminal Intimidation/Harassment:
If the landlord uses threats or intimidation to force the tenant out, this could be a criminal offense under sections like Section 351 (Criminal Intimidation) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Filing a police complaint:
Tenants can file a police complaint against the landlord for illegal eviction tactics.
Civil Remedies:
Restoration of services:
Tenants can approach the Rent Controller or civil court to seek an order for the immediate restoration of essential services like water and electricity.
Damages:
Tenants can sue the landlord for damages incurred due to the disconnection of utilities, such as the cost of alternative accommodation or loss of belongings.
Injunction:
A tenant can seek an injunction from the court to prevent the landlord from interfering with their tenancy rights and to restore the utilities.
Declaration and Injunction:
Tenants can file a suit for declaration and mandatory injunction in a civil court, which can also include a claim for damages.