How to get your security deposit back from your landlord

When does a landlord have to refund the deposit?

For most rented homes in India, no law sets a fixed number of days. The rent agreement decides: many say the deposit is refunded on the day the keys are returned, or within a set number of days after. Read that clause before you give notice, because it is what you will point to later.

• The Model Tenancy Act, 2021 says the deposit is refunded when the tenant hands over vacant possession, after due deductions, and caps it at two months' rent for homes (PRS summary). It is a model for states, not a law everywhere. By July 2022 Andhra Pradesh, Tamil Nadu, Uttar Pradesh and Assam had revised their tenancy laws on its lines (PIB).
• The Transfer of Property Act, 1882 applies where the agreement is silent. Section 108(m) says a tenant must return the property in as good condition as when they moved in, "subject only to the changes caused by reasonable wear and tear" (section 108). That is the basis for most deduction arguments.
• State rent laws differ. In Karnataka, for example, we found no law that sets a deposit refund deadline for most flats; see security deposit rules in Bangalore.

Before you move out: five things that protect your deposit

1. 1

   Give notice in writing, on time

   Send the notice your agreement asks for, usually one month. A signed letter shared as a PDF on WhatsApp or email is a record both sides can see. The free rent notice letter generator writes one. If you are unsure how much notice you owe, see our guide to the notice period for vacating a flat.

2. 2

   Pay the last month's rent unless the owner agrees otherwise

   Many agreements say the deposit cannot be adjusted against rent without the owner's written consent. If you want to adjust it, get a yes in writing first.

3. 3

   Settle the bills

   Pay electricity, water, gas and society maintenance up to your last day, and keep the receipts. Photograph the meter readings on the day you leave.

4. 4

   Fix what you broke and clean the home

   Repair any damage you caused, such as a broken tile or a cracked basin, and leave the home clean. Normal wear and tear is not your cost; our guide to wear and tear versus damage explains the line.

5. 5

   Photograph every room

   Take photos and a short video of each room, the fittings and the appliances, from the same angles as your move-in photos if you have them.

On handover day

Ask the owner, or someone they send, to check the home with you. Go through it room by room against the list you made when you moved in. A move-in and move-out checklist signed by both of you at the start makes this quick, because any new damage is easy to see.

• Note the final electricity and water meter readings together.
• Hand over every key, access card and remote, and write down how many.
• Agree any deductions on the spot if you can, with the amount for each.
• Ask when and how the refund will be paid, and get the answer in a message.

A letter asking for your deposit back

Send this on the day you hand over the keys, or soon after. Change the names, address, amounts and dates. Keep it polite and factual.

Subject: Refund of security deposit for [flat number and address]

Dear [owner's name],

I vacated the above property on [date] and handed over [number] keys and [number] access cards to [name] on that day. The final electricity meter reading was [reading].

Under our rental agreement dated [date], my security deposit of ₹[amount] is refundable [refund term from your agreement, e.g. "within 15 days of vacating"].

Rent and bills are paid up to [date]. Please refund the deposit to [UPI ID or bank account] by [date]. If you plan to deduct anything, please send me a written list with the amount and the bill or photo for each item.

Thank you.

[Your name]
[Phone number]

What can the landlord deduct?

If a deduction looks wrong, reply in writing, say which item you dispute and why, and attach your photos. Owners often settle once they see the evidence.

What to do if the landlord does not return the deposit

1. 1

   Send a written reminder with a deadline

   Refer to your first request and the clause in the agreement, and give a clear date, such as seven days. Send it on WhatsApp and email.

2. 2

   Send a legal notice through a lawyer

   A lawyer's notice states the amount owed, the agreement and the deadline, and says what you will do next. Many deposit disputes end at this step.

3. 3

   Go to the right forum

   If the owner still does not pay, a lawyer can file a case to recover the money in the civil court. In states that have passed a tenancy law on the Model Tenancy Act's lines, a Rent Authority or Rent Court may hear tenancy disputes instead (PRS summary). Which forum applies depends on your state and your agreement.

Keep a clean rent record from day one

Deposit arguments are easier when there is no doubt about which months were paid. Ask for a rent receipt every month, or pay by UPI so your bank statement shows each payment.

Frequently asked questions