Tenancy & deposits

Your landlord won't return your deposit? Here's exactly what to do.

You moved out, the flat was fine, and the deposit still hasn't come back. This is one of the most common tenant problems in India — and your position is stronger than you think. Here's how it actually works.

Ask her about this — free

What the law actually says

  • A security deposit is your money. The landlord holds it as security against damage and unpaid rent — once you've moved out and cleared your dues, it has to come back to you.
  • The landlord can only keep what's fair — the genuine cost of repairs beyond normal wear and tear, and any rent or bills you actually owe. They can't keep the whole deposit for routine repainting or normal use.
  • Renting a home is governed by your state, not by any central law. Some states have brought in new tenancy laws that cap the deposit and set up a Rent Authority to settle disputes; others still run on older Rent Control Acts. The cap, and whether your state has a Rent Authority at all, depends on where you live — so check your own state's rules. The core principle is the same everywhere: the deposit is yours and it comes back when you hand over possession.
  • If it isn't returned, recovering it is a civil money matter. A written demand usually settles it; if not, your state's Rent Authority, if it has one, or a civil or small-causes court can order it back, sometimes with interest. You have three years to go to court, so ask early and don't let it drift.

What to do

  1. 1

    Ask in writing first

    A WhatsApp or email asking for the deposit back, with the date you vacated and your account details. This alone often works — and it creates a record that you asked.

  2. 2

    Pin down the deductions

    If the landlord claims damage, ask for specifics and photos. Normal wear and tear — faded paint, minor marks — is not something you pay for, unless your rent agreement says otherwise. Agree only to genuine, itemised costs.

  3. 3

    Send a formal demand (a legal notice)

    If they stall, a formal notice on letterhead giving a clear deadline (say 15 days) to refund is the usual turning point. It signals you're serious about going further.

  4. 4

    Approach the Rent Authority or court

    Still no money? If your state has a Rent Authority, it handles deposit disputes quickly and cheaply. Elsewhere, a recovery suit in the civil or small-causes court does it. Keep your agreement, payment proofs and messages.

Your rights, at a glance

Get your deposit back after vacating

How long it takes
Usually within the month of handing over possession
Where to go
Landlord directly, in writing
Rough cost
Free

Send a formal legal notice

How long it takes
Give a 15-day deadline
Where to go
Yourself, or a lawyer / Miss Lucy Pro to draft it
Rough cost
Free if you write it yourself

File before the Rent Authority

How long it takes
Weeks to a few months
Where to go
State Rent Authority, where your state has one
Rough cost
Low filing fee

Recovery suit in court

How long it takes
Several months — and file within 3 years
Where to go
Civil / small-causes court
Rough cost
Court fee + lawyer

Common questions in this area

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When you need a real lawyer

If the amount is large, the landlord is fighting back with damage claims, or you're ready to file in court, get a lawyer — and you'll want a properly drafted legal notice first. Miss Lucy Pro drafts that notice for you; a local advocate handles the filing and any hearing.

Need the legal notice drafted? Meet Miss Lucy Pro

This is guidance, not a lawyer. Miss Lucy Lite helps you understand your rights and your next step in plain English. It is in no way a replacement for proper legal advice — when your situation needs a real document or a fight in court, she'll tell you plainly that it's time to see a lawyer.

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