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Vignesh Waran   12 August 2026

Security deposit disputes with house owner

I have been residing in a rental house for 8 months (from January to August). I pay ₹10,500 per month as rent and paid an advance deposit of ₹50,000 for a portion of the house. On a safer note, I have all the proofs of payment made to him, both for the monthly rent and the advance deposit. Three months ago, I informed my landlord about my plan to vacate. At that time, he stated that there is a 3-month notice period and questioned how I could leave so quickly. He demanded that I continue paying rent until I vacate, and stated he would only return half of my advance deposit at the time of vacating, with the remaining half paid a week later after deducting painting and other charges. When I requested a copy of the rental agreement, he refused, spoke harshly, told me to do whatever I want, and claimed he would not give me the agreement. He also lectured me about legal disputes, showing no consideration for my situation, even though I have only resided there for 8 months and the house was brand new when I moved in.


Quick Summary
A tenant is facing a dispute with their landlord regarding the return of a ₹50,000 security deposit after vacating a rental property. The landlord is refusing to provide a rental agreement and is threatening to deduct significant amounts for painting and other charges, only offering to return half the deposit initially. The tenant has paid rent and deposit for 8 months and has proof of payments.

 7 Replies

Dr. J C Vashista (Advocate )     13 August 2026

Security deposit of Rs. 50,000/- for the property rented @ Rs. 10,500/- pm is too much, which you should not have agreed.

How much is  the period of agreement and how did you agree for lock-in / notice period of 3 months, again one-sided.

Consult a local lawyer for proper analyses of facts and professional advise.

Vignesh Waran   13 August 2026

Thanks for ur kind reply sir, 

To be honest, my landlord havent gave me rental agreement as for now, when i requested he simply shouted like we wont give u and do what ever i wont give u , so we planned to vaccate , now this deposit disputes going on

T. Kalaiselvan, Advocate (Advocate)     13 August 2026

With the proof of all bank transfers and payments gives you a strong upper hand, regardless of how aggressively your landlord is posturing. Landlords often rely on intimidation when they realize a tenant doesn't know their legal rights, especially regarding unwritten terms and deposit deductions.

If he refuses to provide the agreement, he cannot enforce a hypothetical "3-month notice period" or arbitrary deduction clauses that aren't documented in writing. Without a registered written agreement, the dispute defaults to standard statutory rules or verbal terms backed by payment evidence.

Deducting a full month's rent for painting after an 8-month stay in a brand-new house is unreasonable. Painting deductions are meant to cover normal wear and tear over standard tenancy cycles (usually 2–3 years) or actual property damage caused by negligence.

Demanding that you accept half the deposit upon vacating and the rest a week later creates a high risk that he will withhold the remaining amount once you have handed over the keys. Deposit settlement should ideally occur at the time of key handover after a joint physical inspection.

Vignesh Waran   13 August 2026

Thanks for ur kind reply sir, i've planned to reach Revenue Divisional Office and petition about not providing the rental agreement while in the same rental home, after that i'm planned to gave them key only if they okay to provide me the actual full deposit, if not im gonna keep the key....

And also im confused about how can i legally prove that i have vaccated the house, im little bit confused about that what if they say he is still in my home and not paying rent like that ...im confused 

Advocate M.Bhadra   15 August 2026

, I would advise as follows:

  1. 3 months' notice: A 3-month notice period is enforceable only if it was agreed in the tenancy/rent agreement or otherwise legally established. The landlord's oral statement alone is not sufficient.
  2. Previous notice: Since your client already informed the landlord 3 months ago, preserve proof of that communication. This is very important.
  3. ₹50,000 deposit: The landlord cannot arbitrarily retain the security deposit. Legitimate dues or actual damage may be deducted if supported by the agreement/evidence, but arbitrary painting charges should not be accepted.
  4. Rental agreement: Send a written demand for a copy of the agreement. The landlord's refusal should be documented.
  5. Before vacating: Take photographs/videos of the entire premises, clear all utility/rent dues, and obtain written acknowledgment of handing over possession and keys.
  6. Do not stop rent abruptly: Continue rent as legally/contractually required until proper surrender of possession, to avoid creating a rent-default dispute.

Best course: Send an advocate's notice fixing the date of vacation, offering vacant possession, demanding return of the ₹50,000 deposit, and requiring an itemised statement for any proposed deduction.

 
 
 
 

T. Kalaiselvan, Advocate (Advocate)     15 August 2026

By withholding the keys it is deemed that you are still occupying the rented premise, therefore you are legally required to pay the rent till the date you are actually handing over the keys of the premise.

If you refuse to pay the rent till then then the landlord is entitled to deduct the rental amount from the deposit amount.

Besides the landlord can even seek eviction on the grounds of wilful default in monthly rental payment  for which you cannot defend your interest.

You may decide next course of action using your prudence and not not your adamantness.

Vignesh Waran   15 August 2026

Thats corect, Kalaiselvan sir 

Understood the situation, but without rental agreement, i think how can they go to court and charge me with such case of not paying the rent 


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