When a landlord refuses to refund a security deposit, the tenant's remedy is a money claim built on the agreement and on proof of what was actually owed. The landlord may retain only what the agreement permits and what is genuinely due — typically arrears, damage beyond normal wear and tear, and unpaid utility bills — and must account for the rest. This page sets out the demand notice, the recovery suit, the court fee, and the evidence to collect at handover.
When this matters
This applies to tenants who paid a deposit under a residential or commercial tenancy in West Bengal and are owed a refund after vacating, and to landlords who want to make a defensible deduction. It is equally relevant where the deposit is held against alleged damage, or where the landlord simply stops responding.
What the agreement says and what the law implies
The starting point is the tenancy agreement: it states the deposit amount, when it is refundable, and what it may be applied to. Even where the agreement is silent or vague, the law treats the deposit as the tenant's money held for a purpose, refundable once the purpose ends and the tenant's dues are cleared. A landlord cannot convert the deposit into a windfall by inventing deductions after the tenant has left.
Permissible deductions and the proof needed
- Rent arrears — a month-wise ledger showing what was due and unpaid.
- Damage beyond normal wear and tear — evidence of the specific damage, ideally with the vacation-time photographs of the premises.
- Unpaid utility bills — the bills in the landlord's or tenant's name for the tenancy period.
A deduction for ordinary wear and tear — faded paint, minor scuffs, routine cleaning — is generally not permitted; the landlord bears the cost of normal use and of maintaining the structure. Where a deduction is claimed, the landlord should give the tenant a written account, ideally before refunding the balance.
If the landlord wants to set off a claim for damages, the claim must be real and quantified. A vague allegation that the premises was left in a bad condition, unsupported by photographs or a repair bill, will not normally justify withholding the deposit. The usual approach is a written account that starts with the deposit received, lists each deduction with its reason and amount, and ends with the balance payable to the tenant.
Step by step: from handover to suit
- Handover. Vacate formally, hand back keys, and record the meter readings in writing with the landlord or his agent.
- Demand notice. Send a written demand calling upon the landlord to refund the deposit within a stated period, with a copy of the account and the supporting documents.
- Recovery suit. If the demand is ignored, file a suit for recovery of money before the civil court having jurisdiction, claiming the deposit and interest.
- Execution. On a decree, recover the amount through the lawful execution process.
The court fee on a money suit is ad valorem, assessed on the value of the claim as prescribed, so the exact figure depends on the amount sought. Our recovery suits and landlord and tenant disputes practices handle deposits, and disputed civil claims are filed with our civil litigation team.
Evidence to collect at handover
- Photographs and a short video of each room at the time of vacating, taken with a dated device.
- Meter readings for electricity and water, in writing.
- A room-wise inventory signed by both sides.
- A written acknowledgement that the premises was handed back and keys returned.
- The agreement, rent receipts, and proof of the deposit payment.
- Any written account of deductions given by the landlord, and your reply to it.
Timelines and limitation
A money claim for a refundable deposit is governed by the law of limitation; the claim should be brought without delay, and the demand notice should be sent as soon as the refund falls due. Because the period depends on the nature of the claim and the date the cause of action arose, an unrefunded deposit should not be left for years — the sooner the notice is issued, the safer the claim. Delay also weakens the evidence: memories fade and photographs are lost. Even where the tenant is negotiating with the landlord, the demand notice should be sent, because it fixes the date from which the landlord's refusal and any interest can be counted.
Common questions
Can the landlord keep part of the deposit for painting?
Only if the agreement expressly makes the tenant responsible for repainting, or if the condition goes beyond ordinary wear. Routine repainting between tenancies is generally the landlord's cost.
What interest can I claim on the deposit?
Interest is claimable as the agreement provides, or as the court allows on a money decree. The exact rate is pleaded with the claim and not assumed.
I have no written agreement. Can I still recover?
Yes. Bank or UPI records showing the deposit paid, messages about the tenancy, and witnesses can establish the claim even without a signed agreement.
What if the landlord claims damages I did not cause?
The burden of proving the damage and its cost lies on the landlord. Vacating photographs and a signed inventory are the best answer to a disputed deduction.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.