Tenant Rights in India: Security Deposit, Rent and Eviction

As a tenant in India, you should have a written agreement, and you have the right to peaceful use of your home, essential supplies like water and electricity, and the return of your security deposit when you leave, minus lawful deductions. A landlord cannot evict you without due process of law. The exact rules depend on your state's rent law.

Which law protects tenants in India?

Renting is mainly governed by state law. Most states have their own rent control or tenancy law, and the details, such as notice periods, grounds for eviction and rent increases, differ from one state to another.

In 2021 the Central Government released the Model Tenancy Act, 2021. It is a model law, which means it applies only where a state has adopted it in some form. If your state has not, its own rent law and the terms of your agreement decide most questions. Even so, the Model Act is a useful picture of fair practice, and many of its ideas now appear in ordinary rent agreements.

How much security deposit can a landlord take?

Under the Model Tenancy Act, the security deposit is capped at:

• two months' rent for residential premises
• six months' rent for non-residential (commercial) premises

These caps bind landlords only in states that have adopted the Model Act. Elsewhere, the deposit is whatever you and the landlord agree, which is why deposits of several months' rent are still common in some cities. Before you pay, check your state's current rules, and make sure the amount, and when and how it will be refunded, is written in the agreement.

Why are most rent agreements for 11 months?

Under section 17 of the Registration Act, 1908, a lease of immovable property from year to year, for more than one year, or reserving a yearly rent must be registered. Registration involves stamp duty and a visit to the sub-registrar's office, so many landlords and tenants sign 11-month agreements to stay below that threshold and simply renew them.

An 11-month agreement is still a valid contract, but this is not the rule everywhere. In Maharashtra, section 55 of the Maharashtra Rent Control Act, 1999 requires a leave and licence agreement or letting to be written and registered, and states no minimum length. A written, signed agreement, registered where the law requires it, is your strongest proof of the rent, the deposit and the other terms. Under the Model Act, every tenancy agreement must be in writing and submitted to the Rent Authority set up under that law.

What rights do you have as a tenant?

Whatever your state, some protections are broadly recognised:

• No eviction without due process. A landlord cannot throw you out, change the locks or remove your belongings on their own. Eviction must follow the law, which usually means an order from the competent authority or court.
• Essential supplies cannot be cut. Shutting off water, electricity or other essential services to pressure you into leaving is not allowed.
• Privacy and peaceful use. The landlord may inspect the property or carry out repairs, but generally with prior notice and at reasonable times, as your agreement or state law provides.
• Receipts for payments. Ask for a receipt for every rent and deposit payment, or pay by bank transfer so there is a clear record.
• Return of the deposit. At the end of the tenancy, the deposit must be returned after lawful deductions, such as unpaid rent or the cost of damage beyond normal wear and tear.

You have duties too: pay rent on time, use the premises for the agreed purpose, avoid causing damage, and give the notice stated in your agreement before you move out.

What to check before you sign a rent agreement

1. Confirm the landlord's identity and that they own the property or are authorised to let it.
2. Read the rent, deposit amount, notice period, lock-in period and renewal terms carefully.
3. Check who pays for maintenance, electricity, water and repairs.
4. Note when the deposit will be refunded and what may be deducted from it.
5. Do a move-in inspection: take dated photos and videos of every room, the fittings and the meter readings, and send them to the landlord by email or message.
6. Keep a signed copy of the agreement and every payment proof in one safe place.

Landlord not returning your security deposit? Steps to take

If your landlord holds back the deposit without a valid reason, act in stages. Many disputes end at the first or second step.

1. Hand over properly. Return the keys with a written note, clear any dues, and photograph the empty home and the final meter readings on the day you leave.
2. Send a written demand. Email or message the landlord asking for the deposit by a specific date, and ask for an itemised list of any deductions.
3. Send a legal notice. If there is no reply, an advocate can send a legal notice setting out the facts, the amount due and a deadline to pay.
4. Try mediation or Lok Adalat. A Lok Adalat can settle the dispute with no court fee, and its award is final.
5. File for civil recovery. As a last resort, you can file a civil suit to recover the money, supported by your agreement, payment proofs and photos.

Keep everything in writing. Promises made over the phone are hard to prove later.

What if the landlord tries to evict you illegally?

If a landlord cuts your power or water, locks you out or threatens you, keep a record of dates, messages, photos and the names of witnesses, and speak to an advocate quickly. In a state that has adopted the Model Act, the Rent Authority may be the right forum; otherwise it will be the civil court or the authority named in your state's rent law. If there are threats of violence, approach the police, and dial 112 in an emergency.

If you cannot afford a lawyer, you may qualify for free legal help through your District Legal Services Authority. Read our guide on free legal aid in India.

How NYAY GHAR can help

Tenancy questions turn on your state's law, your agreement and the facts. Through NYAY GHAR you can request legal assistance and be connected with an advocate who can review your rent agreement, draft a legal notice for a withheld deposit, or advise you on an eviction threat. Learn more on our property law practice area page, and before you meet a lawyer, see our checklist for your first meeting with a lawyer.

This guide is general legal information, not legal advice for your specific case.