My landlord isn't returning my security deposit. What can I do?
Simple answer
The landlord must return your deposit when you hand back the house, keeping only genuine dues: unpaid rent, unpaid bills, or damage beyond normal wear and tear. He should show you the deductions. If he refuses, send a legal notice; you can then file a civil case.
Real-life examples
Rahul rented a flat in Bengaluru for two years. When he left, the landlord kept ₹20,000 for 'repainting'. Paint fading from normal living is usually wear and tear, so Rahul can ask for it back, unless his agreement clearly says the tenant pays for painting.
Fatima moved out leaving a broken window and an unpaid electricity bill of ₹3,000. Her landlord can deduct the bill and a fair repair cost, ideally with receipts. He must return the rest of her deposit.
What should you do?
- 1Before leaving, take dated photos and videos of every room and the meter readings, and clear your final bills.
- 2Hand over the keys against a written receipt or a message that confirms the date.
- 3Ask for the deposit in writing (WhatsApp or email) and request a list of deductions with bills.
- 4If there is no reply, send a legal notice with a clear deadline, such as 15 days.
- 5Still unpaid? File a money recovery case in the civil court, or before the rent court if your state's new tenancy law sets one up. Don't wait years; time limits apply.
- 6Can't afford a lawyer? Call NALSA at 15100 for free legal aid or a pre-litigation Lok Adalat.
Exceptions & limits
- If you left without giving the notice your agreement requires, the landlord may deduct rent for the notice period as the agreement says.
- Don't stop paying the last months' rent to 'adjust' the deposit unless the landlord agrees in writing. It can count as a rent default.
- No written agreement or receipt? You will need other proof, such as bank transfers or messages, to show you paid the deposit.
Official legal reference
Transfer of Property Act, 1882 — Section 108(m)
The tenant must return the property in the condition it was received, except for reasonable wear and tear.
Indian Contract Act, 1872 — Section 73
A party who breaks a contract must compensate the other side for the loss caused by the breach.
Model Tenancy Act, 2021 — Section 11
Model law: deposit up to 2 months' rent for homes, refunded when vacant possession is handed back, after due deductions. Applies only where a state adopts it.
Where to get help
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- Varies by state
- Rent law is mostly state law. A legal deposit cap and Rent Authority exist only where a state has passed a law based on the Model Tenancy Act 2021. Elsewhere your agreement and general law decide, and the right forum may differ.
- Law in force since
- 1 Jul 1882
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.