If you are stuck in such a situation, here is what to do.

Mr. Akash, a young professional residing in the city of Navipur, found himself in a distressing situation with his former landlord, Mr. Verma. Akash had entered into an 11-month rental agreement for a flat with a monthly rent of ₹15,000 and had submitted a security deposit of ₹75,000. After residing there for nearly two years, he formally vacated the property on November 25, 2024.

Upon settlement, Mr. Verma returned only ₹35,000 of the deposit. He claimed a deduction of ₹40,000, citing ₹30,000 for the rent of October and November (even though Akash left in the last week of November) and an additional ₹10,000 without any valid explanation or supporting bills. To make matters worse, Mr. Verma is now relentlessly calling and messaging Akash, demanding a further ₹1,500 for an outstanding electricity bill, completely ignoring the unexplained ₹10,000 he has already withheld.

Akash feels this is sheer harassment, especially considering the lack of maintenance during his tenancy. A significant issue with a broken bathroom fixture was only addressed by the landlord a week before he was due to move out. Mr. Verma has now escalated his tactics by threatening to contact Akash’s family, causing him significant mental anguish.

Advice in such cases

Landlord-tenant disputes are common, but when they involve financial discrepancies and harassment, it’s crucial to act methodically.

• Review Your Rental Agreement: The agreement is the foundational legal document. Check the clauses related to the security deposit, notice period, and deductions for damages or unpaid bills.
• Document Everything: Compile all communication with your landlord, including text messages, emails, and call logs. Keep records of all payments, such as bank statements showing the deposit and rent transfers.
• Communicate in Writing: Send a formal written communication (preferably via email or a registered letter) to the landlord, clearly stating your position. Ask for a detailed, itemised breakdown of the deductions from your security deposit, along with copies of the relevant bills (e.g., the electricity bill).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Such disputes are primarily governed by civil law, but elements of criminal law can apply in cases of harassment.

• The Transfer of Property Act, 1882: This Act governs leases of immovable property and outlines the rights and liabilities of the lessor (landlord) and lessee (tenant).
• State-Specific Rent Control Acts: Most states in India have their own Rent Control Acts that regulate rental agreements, including the handling of security deposits. The provisions of this act would be critical in determining the legality of the deductions.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the landlord’s actions amount to threats or intimidation, certain sections of the BNS could be invoked. For instance, Section 351 of the BNS deals with criminal intimidation, which includes threatening a person with injury to their reputation or property.

If you are the complainant

If you are a landlord facing a dispute with a tenant over deductions, it is essential to follow the due process of law to avoid legal complications.

• Provide Clear Justification: Always provide the tenant with a detailed, itemised list of deductions from the security deposit. Attach copies of repair bills, utility bills, or any other proof of expenditure.
• Adhere to the Agreement: Ensure all your actions are in strict accordance with the terms laid out in the rental agreement signed by both parties.
• Maintain Professional Communication: Avoid emotional or threatening language. All communication should be formal and documented. Harassment can turn a civil dispute into a criminal case against you.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are a tenant being harassed and facing unjust deductions, you have several legal remedies available.

• Send a Legal Notice: This is the first formal step. Through a lawyer, send a legal notice to the landlord demanding the return of the illegally withheld security deposit. This often resolves the issue without further litigation.
• File a Complaint with the Rent Controller: The Rent Control Act of your state likely provides for a Rent Controller or a similar authority where you can file a petition for the recovery of your deposit.
• Initiate a Civil Suit: You can file a civil suit for the recovery of money in a court of appropriate jurisdiction.
• File a Police Complaint: If the harassment continues and involves threats, you can file a complaint at the local police station, citing relevant sections like Section 351 of the BNS for criminal intimidation.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Typically, the police view landlord-tenant disputes, especially those concerning security deposits, as civil matters. They may be reluctant to file a First Information Report (FIR) and might advise you to approach a civil court. However, if you can provide clear evidence of criminal intimidation, harassment, or threats, they are obligated to register a complaint and investigate the matter under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

• Can a landlord deduct money for normal wear and tear?
  No, security deposits are meant to cover unpaid rent, utility bills, or costs for repairing damages beyond normal wear and tear. A landlord cannot deduct for minor issues like paint fading.
• Is it legal to charge a full month’s rent if a tenant vacates mid-month?
  This depends entirely on the rental agreement. If the agreement specifies that rent is payable for the full month regardless of the vacation date, it may be enforceable. However, often a pro-rata calculation is considered fair and can be argued in court.
• What should I do if my landlord is constantly calling and threatening me?
  Do not engage in arguments. Inform the landlord that all further communication should be in writing. If the threats persist, save the messages and call recordings as evidence and file a police complaint for harassment and criminal intimidation.

What evidence is required?

Strong evidence is key to winning any legal dispute. You should gather:

• The signed rental agreement.
• Proof of payment for the security deposit and all monthly rents (bank statements, receipts).
• All written communication with the landlord (emails, SMS, WhatsApp chats).
• Call recordings, if legally permissible in your state, of any threatening conversations.
• Photos or videos of the property’s condition when you vacated to counter any false claims of damage.
• A copy of the legal notice sent to the landlord and the postal receipt.

How long will the investigation take?

The timeline varies significantly based on the legal path you choose. A police investigation into a harassment complaint might conclude within a few weeks to months. However, a civil suit for the recovery of money or a case before the Rent Controller is a much longer process and can take anywhere from several months to a few years to reach a final decision, depending on the court’s caseload and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India