Wrongly deducted security deposits or wrongful retaining of tenant's deposits is a sore for tenants and an epidemic. On the other hand, landlords slip away with it because of the nominal, trivial amount involved.

Remedies to protect your security deposit:

Know your rights:

1. What if the owner refuses to return the large sum of amount by coming up with an excuse that he doesn't have that much money at the moment? It happens in many cases. According to the new law on Tenancy Act 2011 the landlords cannot charge more than three months of rent as security deposit. Deposits in cities like Bangalore, renters have to fork a 10 months deposit and in cities like Mumbai and Delhi, it is anywhere between 3 to 10 months depending on the property.
2. Most tenants don't know the difference between damage and normal wear and tear happening out of regular and ordinary use. A landlord is not allowed to deduct repairs for normal wear & tear. But of course, if a landlord can show that the damage that was above and beyond "reasonable wear and tear" he is entitled to forfeit the equivalent amount from the security deposit.

What does normal wear & tear include?

A worn out fixture

Minor nicks and bumps in the wall

Stains on a bathtub that is impossible to come out

Replacing carpets and refinishing floors are rarely an acceptable basis for deduction. 

However, a child's socks getting flushed and clogging in the drain pipe for the landlord had to call for professional help is an example of such a negligence.

Record the scene while moving in: 

Make sure you have records of the state of the property when you moved in and move out. Record every nook and cranny and keep it safe. Attach these recordings or pics with the "Move In and Move Out checklist" too.

If you are spending on repair and maintenance keep those receipts safe in a separate folder.

Make sure you are aware of the potential hidden flaws and how to spot them. Make a checklist of these.

Go for those minor nips and tucks: 

It's a viable move to clobber all the nail holes with a putty. White toothpaste works excellent. If you haven't cleaned the spills before and they turned into permanent strain than this is the time to get rid of them with an all-purpose cleaner or baking soda & vinegar.

**Cleaning costs cannot be charged from a tenant unless he failed to surrender the premises in a "broom clean" condition.

Come up with a Win-Win solution:

Nowadays there is a common practice to adjust the security deposit over a period of time in the monthly rent. This is a favorable practice and tenants should stress on such an agreement. In any case, you made your landlord smile all the way to the bank all this while and he should be considerate enough to discuss it amicably.

Approach your landlord with a fair and a conciliatory mood and work together for a decent resolution.

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