Tenant & Landlord Rights

You've vacated, handed back the keys, and the deposit still hasn't come back — or has been slashed for vague 'damages'.

Deposits must be refunded, minus legitimate deductions for damage beyond normal wear-and-tear or genuinely unpaid dues, within the timeframe set by your agreement or state rule.

1. Send a written notice demanding the deposit back with a clear deadline.
2. If ignored, approach the Rent Authority (in states that have notified one under the Model Tenancy Act) or the Rent Controller/Civil Court/Consumer Commission depending on your state and the amount involved.
3. Keep the original agreement, rent payment proof, and handover photos/videos as evidence.

Being locked out, having belongings removed, or utilities cut off without any legal process.

'Self-help' eviction is illegal, regardless of unpaid rent. Eviction can only happen through due legal process — a notice period followed by a Rent Authority/Rent Controller or Civil Court order — except for very specific fast-track grounds under some state laws.

1. If locked out or utilities are cut, file a police complaint immediately — this can amount to a criminal offence.
2. Send a legal notice asserting your tenancy rights.
3. Approach the Rent Authority/Rent Controller or Civil Court for restoration of possession or an injunction against the illegal eviction.

A leaking roof, no water connection, or a structural issue that's been ignored for months.

1. Notify the landlord in writing, describing the issue and giving a reasonable deadline.
2. Check your rent agreement for exactly who is responsible for what kind of repair.
3. If ignored and it affects habitability, get legal advice before deducting repair costs from rent yourself — some states allow this, others don't; alternatively approach the Rent Authority/civil court for a repair order.

You need to recover possession lawfully — not through a shortcut that could backfire on you legally.

1. Send a formal notice for arrears or termination of tenancy as per your agreement and applicable state law.
2. If unresolved, file an eviction petition with the Rent Controller/Rent Authority or Civil Court — never attempt self-help eviction, which can expose you to criminal liability.
3. Where notified, use the Model Tenancy Act's fast-track dispute system (Rent Authority → Rent Court → Rent Tribunal), designed to resolve cases faster than a regular civil suit.

Many tenants and landlords stick to an unregistered 11-month agreement without realising what that trades away.

Under the Registration Act, 1908, a lease for more than 11 months (or one year, depending on state amendments) generally must be registered to be admissible as strong evidence in court — which is exactly why so many agreements are deliberately capped at 11 months and renewed, avoiding stamp duty and registration. An unregistered agreement isn't worthless, but it's weaker evidence in a dispute.

1. Draft the agreement clearly stating rent, deposit, duration, and repair responsibilities.
2. Pay the applicable stamp duty (varies by state, usually a small percentage of annual rent + deposit).
3. Register it at the local Sub-Registrar's office — both parties (or authorised agents) generally need to be present with ID proof.
4. Keep a registered/notarised copy — it's your strongest evidence if a dispute over deposit, eviction, or terms ever reaches a Rent Authority or court.

Deposit norms vary significantly by state and city, and there's no single national cap.

The Model Tenancy Act, 2021 (in states that have adopted it) recommends capping the security deposit at 2 months' rent for residential property and 6 months' for commercial — but this is only binding where a state has actually notified the Act; many major rental markets still operate under older, uncapped local practice.

1. Check whether your state has adopted the Model Tenancy Act's deposit cap — if so, a demand above it can be challenged before the Rent Authority.
2. Where no cap applies, the deposit amount is a matter of negotiation, but get it stated clearly and in writing, including how and when it will be returned.
3. Regardless of amount, insist on a written receipt for the deposit — this is your primary proof it was ever paid.