Community › Forums › Legal Advice India › Can final month rent be adjusted in deposit?.
- This topic has 4 replies, 2 voices, and was last updated 1 month, 3 weeks ago by
User_a4400554.
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UUser_a4400554
PARTICIPANT
May 6, 2026 at 3:26 amI know my house owner have a habit of scamming people out of their deposit ,I only came to know this after already occupying the flat and the previous tenat was scammed out of theirs.The apartment did not have much maintenance and was not repainted but since I was in an urgent situation could not complain. Now it’s been 8 months and I am moving out,the owner is refusing to adjust deposit with rent and is promising she’ll pay it back only after we vacate. I have not signed any documents but shared aadhar card with her.Can I refuse to pay final month rent and make her adjust with deposit cause I am in no position to lose the money ๐. -
UUser_c950095a
PARTICIPANT
May 6, 2026 at 6:53 amYou canโt legally withhold the last monthโs rent unless there was a clear agreement to adjust it from the deposit, even if you fear the landlord wonโt return it. The safer approach is to document the condition of the flat, keep all payment proofs, and send a written message/email stating that the deposit should be refunded immediately on vacating. If youโre genuinely at risk of being cheated, you can try negotiating adjustment, but doing it unilaterally may expose you to claims of non-payment; legal recourse like a police complaint or civil recovery id available if the deposit isnโt returned.-
UUser_a4400554
OP
May 6, 2026 at 7:12 amI have not signed any agreement-
UUser_c950095a
PARTICIPANT
May 6, 2026 at 7:15 amThen opt for clear written communication regarding the same-
UUser_a4400554
OP
May 6, 2026 at 7:19 amI am sure she won’t return it,she lied to the previous tenat that her deposit was taken for painting but gave us a very unmaintained apartment with dirty walls.Now when I asked for assurance that deposit will be return she is saying yes but after deduction for damage to walls(it was already in very deplorable conditions).We have no formal agreement or anything so I am not even legally protected
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