Your rights
When must landlord return my security deposit?
Short answer
Landlord must return security deposit within a reasonable time (typically 1-2 months) after you vacate, deducting only actual damages, not normal wear and tear.
Understanding the issue
After you vacate the property and hand over possession, the landlord is obligated to return your security deposit within a reasonable period, typically 1-2 months. The landlord can only deduct for actual damages caused by the tenant beyond normal wear and tear, and for any unpaid rent or utility bills. The landlord cannot forfeit the entire deposit without justification. Under the Model Tenancy Act 2021, the deposit should be returned within 1 month of vacating. If the landlord refuses to return the deposit, you can send a legal notice and then file a civil suit or approach the Rent Authority for recovery.
Laws that apply
- Indian Contract Act — Section 73 (Compensation for breach)
- State Rent Control Acts
- Model Tenancy Act, 2021