A Mumbai tenant whose family lived in a rented apartment for around a decade has alleged that the landlord refused to return their ₹1 lakh security deposit, citing repair and maintenance costs of nearly ₹3.7 lakh after they vacated the property.
The tenant took to Reddit to seek advice on whether pursuing the deposit would be financially worthwhile and whether a landlord can deduct repair costs that the tenant believes constitute normal wear and tear. According to the post, the family vacated the apartment after roughly 10 years of occupation and had been trying to resolve the dispute with the landlord for nearly 2.5 months.
The tenant said the landlord provided a list of repair expenses and photographs and claimed that the repairs cost approximately ₹3.7 lakh. The landlord subsequently adjusted the entire ₹1 lakh security deposit against these expenses, according to the tenant.
"There was very little/no maintenance carried out by the landlord during our 10-year occupation. The landlord is now attributing various things to us, including deterioration of doors, locks, bathroom fittings, electrical items, etc," the tenant posted on Reddit.
"The agreements contain provisions stating that maintenance charges are the Licensor's responsibility and that repairs by the licensee are subject to normal wear and tear. Our concern is whether pursuing the ₹1 lakh is financially sensible," the Reddit post added.
{{/usCountry}}"The agreements contain provisions stating that maintenance charges are the Licensor's responsibility and that repairs by the licensee are subject to normal wear and tear. Our concern is whether pursuing the ₹1 lakh is financially sensible," the Reddit post added.
{{/usCountry}}According to the tenant, his father believes they might end up spending a large sum on legal proceedings.
"My father is of the view that we could spend a significant amount on a lawyer and legal proceedings and potentially end up recovering little or nothing. At the same time, it doesn't feel right to simply accept the deduction if a substantial portion of it relates to normal wear and tear/maintenance after 10 years," the post said.
The Redditor further asked what the approximate cost of an initial lawyer consultation/legal notice would be in Mumbai. “Would you recommend sending a legal notice first, or trying another round of negotiation, and how realistic is it to recover a security deposit in a case involving alleged damage vs. normal wear and tear?”
The tenant also said their annual Leave and Licence agreements stated that maintenance charges were the licensor’s responsibility and that the licensee was not responsible for normal wear and tear.
Netizens react on social media
Several users commented on the post, giving further guidance to the tenant.
Comments on the Reddit post largely focused on the tenant’s legal options and whether the landlord could legitimately deduct the ₹1 lakh security deposit after a roughly 10-year tenancy. Several commenters pointed to the importance of the Leave and Licence agreement, particularly clauses dealing with maintenance, repairs and normal wear and tear, while others suggested sending a legal notice demanding an itemised account of the deductions and supporting bills.
Some users questioned whether expenses such as repainting, ageing fittings and general deterioration after a decade could automatically be treated as tenant-caused damage. The discussion also advised the tenant to preserve photographs, the agreement, payment records, cleaning invoices and the landlord’s repair estimates before deciding whether to pursue the matter legally.
Landlord not returning your security deposit or demanding more money? Here's what tenants can do
According to real estate consultants, the landlord and tenant should refer to the terms of their leave and licence agreement to understand their respective rights and obligations.
"Given that the tenant has been living in the property for around 10 years and has paid a ₹1 lakh deposit, any dispute could potentially lead to a prolonged discussion or legal battle. The tenant may consider reaching an amicable settlement with the landlord, particularly if both sides are willing to be flexible, taking into account their long-standing relationship," Nitin Joshi, a Mumbai-based real estate consultant, said.
"However, if the tenant chooses to pursue the matter legally, he should be prepared to bear the associated legal expenses, which could be substantial depending on how long the dispute continues. In such a situation, accepting some financial adjustment or a haircut to arrive at a mutually acceptable settlement may be a practical option, especially given the decade-long landlord-tenant relationship," Joshi said.
Read the rental agreement carefully
Before signing a lease, tenants should carefully review all clauses, particularly those relating to the security deposit, notice period, rent escalation, painting charges and deductions at the time of vacating. Both the landlord and tenant must mutually agree to these terms.
Document the condition of the property
Experts advise tenants to photograph or record a video of the apartment immediately after taking possession. This serves as evidence of the property's condition at the start of the tenancy and can help challenge unjustified deductions for alleged damage or repairs when the tenant moves out.
Seek a written explanation for deductions
If the landlord deducts money from the security deposit, tenants should ask for a detailed written breakup of the deductions along with supporting bills or invoices. Keeping copies of the rental agreement, rent payment records, and communications related to the handover of the property can strengthen the tenant's case if a dispute arises, experts say.
Issue a legal notice and inform the RWA
If the landlord refuses to refund the deposit without valid reasons, legal experts recommend sending a legal notice demanding repayment. Before initiating legal proceedings, tenants can also approach the Resident Welfare Association (RWA) or apartment association, which may intervene to facilitate a resolution between the parties, say experts.
Approach the court if necessary
Where a substantial amount is involved, and the landlord still refuses to return the deposit, tenants can seek legal relief through a civil court. Depending on the facts of the case, the court may direct the landlord to refund the deposit or grant other appropriate relief, say legal experts.
Ensure the rental agreement is registered
Legal experts point out that the enforceability of a rental agreement can also become an issue. In many states, rental agreements exceeding 11 months must be registered with the local sub-registrar. If an agreement that should have been registered is not, a court may require the parties to pay the applicable penalty and complete registration before proceeding with the case. While even an unregistered agreement may have evidentiary value in certain circumstances, a properly registered agreement generally provides stronger legal protection during disputes.
(Disclaimer: This report is based on user-generated content from social media. HT.com has not independently verified the claims and does not endorse them.)