Can your landlord charge you for faded paint, cleaning from your security deposit? What the law says |

Can your landlord charge you for faded paint, cleaning from your security deposit? What the law says
(Representative image) Section 108(m) of the Transfer of Property Act, 1882, requires the tenant to keep the property in good condition during the tenure of the lease and restore the property to its original condition upon termination.

You hand over the keys, pack up your belongings and expect your full security deposit back. Instead, your landlord returns only a fraction of it, citing deductions for faded paint, deep cleaning, or minor repairs you never anticipated.It may be a common experience for tenants across India and one that often sparks bitter disputes. But are such deductions actually legal, or are they simply arbitrary charges? Here’s what tenants and landlords need to know before settling the final bill.Clauses mentioned in the rental agreement often determine conditions under which the landlord can make legitimate deductions from the security deposit. However, they also depend on the applicable law.Section 108(m) of the Transfer of Property Act, 1882, requires the tenant to keep the property in good condition during the tenure of the lease and restore the property to its original condition upon termination.However, this does not apply to normal wear and tear that occurs naturally as one uses the property. Hence, a tenant is not necessarily responsible for every sign of ageing or ordinary use.For example, peeling of paint is a natural process, it may fade or become slightly worn over time. That is different from substantial damage caused by the tenant, such as major holes, extensive stains, unauthorised alterations or serious damage requiring restoration.Regarding deductions for cleaning, it may depend on the extent of cleaning required. Clearing routine dust and minor dirt as part of preparing a home for its next occupant should be considered ordinary turnover maintenance. It should not be automatically charged to the outgoing tenant.However, the landlord may have a stronger basis to seek reasonable cuts if a tenant leaves behind excessive waste, heavy grease, severe stains, or an unusually unhygienic property that requires substantial cleaning.The tenancy agreement, the condition of the property at move-in and move-out, and the actual expense incurred would be important in determining whether a deduction is justified.To prevent such disputes, both landlords and tenants must keep videographic evidence of the property’s condition recorded upon moving in and after exit.Overall, both parties must properly discuss the provisions for deduction before signing the rent agreement.

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