Mumbai Tenant Alleges Landlord Withholding ₹1 Lakh Deposit Over Flat Repainting

A tenant has sparked a debate over rental practices in Mumbai after alleging on Reddit that his landlord is withholding a security deposit of more than ₹1 lakh unless the 1BHK apartment in Chembur is returned in freshly painted condition. The tenant argued that the deposit amount is significantly higher than the likely cost of repainting the flat and sought advice on whether the landlord's demand is justified.

In a post on Reddit, the tenant claimed he had informed his landlord of his decision to vacate the rented 1BHK apartment in Chembur upon lease expiry and requested the return of his security deposit. However, the landlord responded that the flat had been freshly painted before being rented out and that it had to be returned in the same condition before any discussion of the refund could take place.

“Got told that since he had painted the house when leasing it, it would have to be returned in the same condition, and he is unwilling to talk about the deposit return. And the paint was already peeling and chipping right after shifting in. You'd touch the wall and the paint fell off, and the furniture has left marks as well. So the place isn't the same at all,” the tenant posted on Reddit.

“We didn't bother back then with the paint or shit because the place was a necessity. The new place I'm shifting into, the owner told me to wait so he could finish painting it and hand it over. Is this really normal, taking the deposit from the tenant with this reason? The security deposit was 1 lakh plus, and I don't even know if it costs that much to even paint a tiny 1BHK. Help, I'm genuinely struggling,” he added.

Security deposit deductions for repainting and restoration work are a common point of contention between landlords and tenants when a lease ends. Hindustan Times Real Estate has previously reported similar cases, such as a tenant in Bengaluru who alleged that more than ₹51,000 was deducted from his security deposit by a US-based landlord, citing repainting and cleaning expenses after he vacated a 2.5 BHK apartment. The tenant felt “harassed and blindsided” by the deductions, sparking an online debate over what qualifies as standard practice in the city’s rental market.

Another tenant in Bengaluru mentioned that their agreement had a clause stating that one month's rent would be deducted from the deposit towards the end of the lease tenure for repainting the apartment.

According to real estate consultants, no specific law governs security deposits, and residential rental transactions are not within the ambit of the Real Estate (Regulation and Development) Act, 2016. As a result, both landlords and tenants must carefully understand the terms of the leave and license or rental agreement before entering into any dispute.

“In my experience, landlords usually deduct amounts from the security deposit only when there is substantial damage to the property. I once handled a case where a tenant's toddler had scribbled on the walls of a newly painted living room. Although the landlord noticed the damage during the tenancy, the issue was raised only when the tenant vacated the flat, after which an amount equivalent to one month's rent was deducted from the rent to cover repainting costs. In such cases, it is advisable for both parties to adopt a practical approach and resolve the matter amicably rather than engage in prolonged disputes, especially since there is no dedicated forum for adjudicating minor tenancy-related disagreements,” said Bhavesh Shah, a real estate consultant based in Mumbai.

Another real estate consultant noted that landlords do not always flag damage to a property during the tenancy and may raise such issues only at the time of vacating, when the security deposit is being settled.

“Many landlords choose not to make an issue out of minor damage because they may be living out of town, do not have physical possession of the property, and are concerned about maintaining a cordial relationship with the tenant. Practical landlords are often more focused on ensuring that the tenant vacates the apartment on time and hands over possession upon expiry of the rental agreement. However, every situation is different and needs to be assessed on a case-by-case basis,” said Mahendra Salvi, a real estate agent from Mumbai’s western suburbs.

(Disclaimer: This report is based on user-generated content from social media. HT.com has not independently verified the claims and does not endorse them.)