BANTHRY PREP · GUIDES
Landlord has not returned the security deposit: checklist and demand-notice draft
Banthry Prep. General information, not legal advice. Fill the blanks and remove what does not apply.
What the law says, and what it does not
| Point | What we can say | Caveat |
|---|---|---|
| Model Tenancy Act | The Union Cabinet approved the Model Tenancy Act on 2 June 2021 for States and Union Territories to adopt. | It is a model law. It binds only a state that adopts it, by fresh law or by amending its rent law. Check your own state's rent or tenancy law first. |
| Deposit cap | The model text caps a residential deposit at two months' rent. | Read in the 2020 draft text (s.11(1)(a)) and in summaries of the 2021 Act; the 2021 section numbers were not verified. Your state's law may differ. |
| Refund | The model text: refund on the date the landlord takes over vacant possession, after due deduction of any liability of the tenant. | 2020 draft text, s.11(2). Deductions have to be real tenant liabilities (unpaid rent or bills, damage), not a flat penalty. |
| Where it is adopted | Rent Authority (an officer not below Deputy Collector), then Rent Court and Rent Tribunal. In the draft text civil courts are barred for matters under that Act. | 2020 draft ss.30, 33, 34, 40. Applies only where your state adopted it. |
| Where it is not adopted | Usually a contract claim: written demand first, then a civil suit. | Practice, not a statutory step. A lawyer can tell you whether a state law applies. |
| Time limit | Three years under the Limitation Act, 1963 for a money claim of this kind. | The start date differs by article (from demand, or from breach). Do not wait. |
| Summary suit | Order XXXVII CPC allows a summary suit for a debt or liquidated demand on a written contract. | Not for a purely oral arrangement. |
| Interest | Section 34 CPC: where the contract fixes no rate, the court may award interest at a reasonable rate. | The court decides. No fixed rate is promised. |
Evidence checklist
- Rent agreement (signed and dated), and any addendum about the deposit.
- Proof of paying the deposit (bank transfer, UPI, cheque copy, receipt).
- Rent receipts or bank statements for the tenancy.
- Move-in and move-out photos and videos, with dates.
- Key handover record (message, photo, or signed note) and the date you gave back possession.
- Utility bill and society dues clearance, if any.
- Every message from the landlord about the deposit (WhatsApp, email), saved with dates.
- A dated copy of your written demand and proof it was sent (speed post receipt, email).
Draft: written demand for return of the security deposit
To,
[Landlord's name]
[Address]
Date: [ ]
Sent by: [Speed Post / registered post / email]
Subject: Demand for refund of security deposit of Rs [amount] for premises at [address]
- I was your tenant at [full address] from [date] under a [written / oral] agreement dated [date].
- I paid a security deposit of Rs [amount] on [date] by [mode], proof attached.
- I vacated the premises and handed over vacant possession, with keys, on [date].
- You have not returned the deposit despite my requests on [dates].
- If you claim any deduction, send me an itemised statement with proof of each amount within [15] days.
- Please pay Rs [amount] to [bank account / UPI] within [15] days of this notice. Otherwise I will take the legal steps open to me, including a civil suit for recovery and for interest as the court allows, at your risk as to costs.
[Name] [Phone] [Email]
Enclosures: agreement, payment proof, handover record, photos.
Keep the posting receipt and a copy. Check with a lawyer or your District Legal Services Authority (free legal aid may be available) before filing.