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

  1. Ask for an itemised list of deductions, with bills or photos for each amount, in writing.
  2. Compare it with your move-in photos, the inventory list and the agreement.
  3. Reply in writing: accept the fair items, dispute the rest, and attach your evidence.
  4. If the balance still isn't refunded, send a formal notice — our free deposit refund notice takes a few minutes.
  5. 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

Renting next? Search homes straight from owners.

General information for Indian residential tenancies, not legal advice. What you owe depends on your agreement and your state's law.

Deposit deductions — FAQs

Can a landlord deduct painting charges from the security deposit?

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Only if your agreement makes painting your cost. Otherwise, repainting after a normal tenancy is the landlord’s upkeep — the Model Tenancy Act, 2021, in states that have adopted it, puts whitewashing and painting on the landlord. Damage beyond normal wear, like large stains or marks on the walls, can still be charged.

What counts as normal wear and tear?

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The ageing that comes with ordinary use: paint fading, minor scuffs, small marks, fittings loosening over time. Damage is different — broken items, burns, holes or stains caused by carelessness — and that a landlord can charge for.

Can a landlord keep the deposit if I leave before the lock-in ends?

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They can deduct what the agreement says applies, which is often rent for the rest of the lock-in or notice period — but not the whole deposit unless that is what you actually owe. Read the lock-in and notice clauses before you give notice.

How long can a landlord take to refund the deposit after deductions?

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Your agreement usually sets it, often 15 to 30 days after you vacate. Under the Model Tenancy Act, 2021, in states that have adopted it, the deposit is due when the landlord takes back vacant possession, after deductions.

Do I have to accept deductions without bills?

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No. Ask for an itemised list with a bill or photo for each amount. You can accept the fair items and dispute the rest in writing.