Security Deposit in India — 2026 Guide
How much is legal, city-by-city norms, when the landlord must refund, what they can and cannot deduct, and what to do when they ghost you on the refund. Built for tenants who'd rather know the rules than learn them by losing ₹50,000.
The short version
- Cap: 2 months' rent for residential (Model Tenancy Act, 2021). 6 months for commercial.
- Refund deadline: 1 month from vacating.
- Lawful deductions: unpaid rent, unpaid utilities, damage beyond normal wear-and-tear.
- Not lawful: routine painting, full deep-cleaning fees, "wear and tear" generally, charges for the next tenant's prep.
- If refused: written demand → Rent Authority / consumer forum / civil court.
How much can a landlord legally take?
The Model Tenancy Act, 2021 (which most major states have adopted or are adopting) caps:
- Residential rentals: 2 months' rent maximum
- Non-residential / commercial: 6 months' rent maximum
State Rent Control Acts (Karnataka, Maharashtra, Delhi, Tamil Nadu, Telangana, etc.) may have different specific caps, but the MTA generally overrides for new agreements in adopting states.
City-by-city deposit norms (2026)
Bangalore
Historic norm: 10 months. New norm under MTA: 2 months. Many landlords still try for 4-6 months, especially in Koramangala/Indiranagar — push back.
Mumbai
Standard: 2-3 months. MTA cap of 2 months is now legal max; 3-month deposits common in legacy leases but increasingly contested.
Delhi NCR
Standard: 2 months in Delhi proper; Gurgaon and Noida 2-3 months. Some premium Gurgaon societies still ask 4 months for fully-furnished, but 2 is the legal cap.
Pune
Standard: 2-3 months. MTA cap of 2 months applies. PG deposits typically 1 month.
Hyderabad
Standard: 2-3 months. MTA cap of 2 months applies. Lower than most metros because of softer rental market.
Chennai
Historic norm: 6-10 months. TN Regulation Act (2017) capped at 3 months for residential. MTA pushes further to 2.
Nainital / Dehradun / Haridwar
Standard: 1-2 months. Hill-station / tier-2 markets are softer. 2-month cap easily enforceable.
Kolkata
Standard: 1-3 months. West Bengal Rent Control Act + MTA both apply. 2-month cap standard.
When the landlord must refund — and how fast
Under the Model Tenancy Act: 1 month from the date you vacate, minus lawful deductions, in writing.
The lease may specify a shorter timeline (e.g., "within 15 days") — that's enforceable. It can't specify longer than 1 month (the MTA overrides).
The landlord must provide an itemised statement of any deductions. "Holding back ₹15,000 for damages" without specifics is not enforceable — you can demand line items.
What can be lawfully deducted
Lawful:
- Unpaid rent for the period you occupied
- Unpaid utility bills (electricity, water, gas, internet — anything in your name)
- Cost of repairing damage beyond normal wear-and-tear — broken windows, holes in walls beyond nail-size, permanent stains, broken appliances you damaged
- Society maintenance dues if the lease puts them on you
- Any specific fees the lease lists (e.g., "₹2,000 deep clean fee on exit") if they're reasonable and pre-agreed
NOT lawful (these are common gotchas):
- Routine painting between tenants — that's a landlord cost, not yours
- Routine deep cleaning if you returned the unit in reasonable condition
- "Wear-and-tear" generally — that's literally what you paid rent for
- Minor cabinet wear, faded paint, minor scuffs
- Society monthly maintenance for the period after you vacated
- "Broker fees for finding next tenant" — never your problem
- Replacement of items that were already old at move-in
Pre-move-out checklist (protect your refund)
- Do a joint inspection at move-in. Take dated, geo-tagged photos of every room, fixture, appliance, wall. Email them to the landlord — it's now timestamped evidence.
- Email anything material. WhatsApp is fine for casual stuff, but anything about deposits, damages, payments — get it in email. WhatsApp logs are admissible but emails are stronger.
- Pay rent on time. Late payments give the landlord leverage to over-deduct.
- Give written notice on time. Per your lease — usually 30-60 days. Email it. Keep proof.
- Final inspection — invite the landlord for a joint walkthrough before you hand over keys. Document each room with timestamped photos. Get a signed acknowledgment that the property is in acceptable condition.
- Clear all utility bills. Final electricity / water / society / internet receipts in hand.
- Hand over keys with a written acknowledgment. Date, signature, agreed deposit refund amount and timeline.
What to do if the landlord refuses to refund
- Day 31 after vacating: send a polite WhatsApp / email reminder. Many "forgets" end here.
- Day 45: send a formal demand letter (template below) by registered post, acknowledgment due.
- Day 75: file a complaint at your state's Rent Authority (if MTA-adopting) or consumer forum. Small filing fees, no lawyer needed for amounts under ₹5L in most consumer forums.
- Day 90+: if escalation needed — civil court / lawyer-led civil suit, especially for amounts >₹50K. Most landlords settle when a court notice arrives.
Free refund demand letter template
Copy the above, fill in the brackets, print, sign, and send by registered post with acknowledgment due. Keep the receipt and acknowledgment — that's your evidence the landlord received it. In 80%+ of cases this letter alone produces the refund.
FAQ — security deposit India
How much security deposit is legal in India in 2026?
Model Tenancy Act caps residential deposits at 2 months' rent. Commercial at 6 months. State acts may differ; in MTA-adopting states, the cap is enforceable.
Is the 10-month Bangalore deposit norm still legal?
No — Karnataka has effectively adopted the MTA framework. The 10-month norm is a legacy hangover and increasingly rejected by tenants who know the law. Push back firmly.
When must the deposit be refunded?
Within 1 month of vacating, with itemised deductions in writing.
Can the landlord deduct for painting?
Only if you caused damage beyond normal wear (holes, permanent stains, etc.). Routine repainting between tenants is a landlord cost.
What if the landlord refuses to refund?
Send a written demand by registered post. If unpaid in 14 days, file at the Rent Authority / consumer forum. Most resolve in 60-90 days.
Can I sue for interest on the held deposit?
Yes — most state Rent Authorities award statutory interest (typically 6-9% p.a.) plus costs on delayed refunds. Specify the interest claim in your demand letter.
What if my landlord just stops replying?
Send the registered-post demand anyway. The post office acknowledgment is sufficient evidence of "served." Then file at the Rent Authority — proceedings continue ex parte if the landlord doesn't respond.