Security Deposit Deductions: What a Landlord Can and Can't Take
In short
A landlord can deduct unpaid rent, unpaid bills, and the cost of repairing damage beyond normal wear and tear. They can't charge you for a home ageing with ordinary use. Under the Model Tenancy Act, 2021, in states that have adopted it, routine painting is the landlord's job unless your agreement says otherwise. Ask for an itemised list with bills before you accept any deduction.
Usually allowed, and usually not
A landlord can usually deduct
- Rent you haven’t paid — including rent in place of notice, if you left without the notice your agreement requires
- Unpaid electricity, water, gas or maintenance bills
- Repairing damage beyond normal wear and tear: broken fittings, burns, holes, stains that won’t clean
- Items from the inventory that are missing or broken, and lost keys or access cards
- Costs your agreement specifically puts on you, such as a fixed painting or cleaning charge
A landlord usually can't deduct
- Normal wear and tear: faded paint, minor scuffs, fittings that wear out with age
- Routine repainting, when your agreement doesn’t make painting your cost
- Structural repairs, plumbing pipes or electrical wiring
- Damage that was there when you moved in — your move-in photos settle this
- Round sums with no bills or photos, and penalties the agreement never mentioned
Who fixes what under the Model Tenancy Act
The Act's default split of repairs. Your agreement can change it, and the Act applies only in states that have adopted it — elsewhere, your agreement and local practice decide.
The landlord
- Structural repairs
- Whitewashing walls, and painting doors and windows
- Changing and repairing plumbing pipes
- Electrical wiring
The tenant
- Changing taps and tap washers
- Cleaning drains
- Repairs to kitchen fixtures, switches, sockets and similar fittings
- Upkeep of any garden or open space you use
Both sides are expected to keep the home in the condition it was in at the start, except for normal wear and tear. If a tenant won't do their share of repairs, the landlord may do them and deduct the cost from the deposit.
How to dispute a deduction
- Ask for an itemised list of deductions, with bills or photos for each amount, in writing.
- Compare it with your move-in photos, the inventory list and the agreement.
- Reply in writing: accept the fair items, dispute the rest, and attach your evidence.
- If the balance still isn't refunded, send a formal notice — our free deposit refund notice takes a few minutes.
- As a last step, approach the Rent Authority where your state has one, or file a civil suit for recovery.
More on getting your deposit back
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General information for Indian residential tenancies, not legal advice. What you owe depends on your agreement and your state's law.