We vacated a shared flat and found replacement tenants ourselves, but the landlord is refusing to return our security deposit. What are our rights?

The landlord's right to retain any part of a security deposit is limited to:

(1) Unpaid rent for the period of the tenancy;

(2) Damage to property beyond fair wear and tear — ordinary scuff marks, minor paint fading, and comparable everyday wear do not qualify; the landlord must produce estimates or invoices for claimed damage;

(3) Unpaid utility bills or charges explicitly agreed to be the tenant's liability under the tenancy agreement;

(4) Any other deductions expressly permitted in the written tenancy agreement;

(5) Deductions must be itemised and documented — a landlord cannot withhold an amount without specifying what it covers;

(6) Proportionality — if multiple co-tenants share a deposit, each departing tenant is entitled to their proportionate share; the continuing tenancy of one co-tenant does not forfeit the others' contributions;

(7) Under the Model Tenancy Act, 2021, if the landlord fails to refund within one month without written reasons, the tenant can approach the Rent Authority for recovery with interest.

When a landlord collects deposits from incoming tenants who replace the outgoing ones:

(1) Unjust enrichment — the landlord now holds two deposits for the same rooms; Indian Consumer Commissions and Civil Courts have consistently found such dual retention to be unjust and without legal basis;

(2) Agreement terms govern — if the tenancy agreement specifies how deposits transfer on a change of tenant, that clause applies; in the absence of any such clause, the general principle of refund subject to documented deductions applies;

(3) Verbal or WhatsApp agreement by the landlord that the replacement tenants’ deposits would be passed back to the outgoing tenants is enforceable — preserve all such communications;

(4) Co-tenant scenarios — where one original tenant stays and the others leave, the departing tenants’ proportionate share of the deposit is refundable; the remaining tenant’s continued occupancy does not give the landlord the right to absorb the departed tenants’ contributions.

Step by step:

(1) Send a formal demand notice via registered post (and email/WhatsApp for speed), specifying the amount due, the basis for refund, and a 15-day deadline — this is the prerequisite for most legal routes;

(2) Consumer Commission — landlord-tenant security deposit disputes are maintainable as consumer complaints; District Commission handles claims up to ₹50 lakh; seek the deposit amount + interest (9–12%) + mental harassment compensation (₹10,000–₹50,000 typically) + costs; filing fee is nominal;

(3) Rent Authority / Rent Tribunal — in states that have adopted the Model Tenancy Act, these are the prescribed forums and are generally faster than civil courts;

(4) Civil suit for recovery under Order 37 CPC (Summary Suit) — available where the amount is documented; decree typically within 4–9 months;

(5) Section 318 BNS (cheating) — in clear cases of fraudulent retention where the landlord had expressly committed to return the deposit, a police complaint is an option and often an effective deterrent;

(6) Practical leverage — do not sign any 'no-objection', 'no-dues', or vacating letter that does not explicitly address the deposit dispute; signing such documents may be used against you.