LEGAL GUIDE · TENANCY, CIVIL RECOVERY AND COURT ORDERS
Security deposit not returned after a tenancy ends
For a tenancy governed by the 2025 Act, section 11 limits the agreed security deposit to two months' rent for residential premises and six months' rent for non-residential premises. It provides for refund when vacant possession is taken over, after due deduction of the tenant's liability.
What to examine
A deposit dispute often turns on handover, unpaid rent, documented damage and the agreement rather than the deposit receipt alone. Preserve condition photographs from entry and exit, meter readings, keys-handover acknowledgment and a calculation of every proposed deduction. Distinguish ordinary wear from an asserted repair liability under the relevant terms and statutory allocation. Check applicability before applying the new caps to an older dispute.
Records to collect
- Agreement and deposit receipt
- entry and exit condition record
- handover acknowledgment
- rent and deduction statement
Keep complete, dated copies and preserve originals. Note which records are missing and where they may be requested; do not alter a document to fill a gap in the history.
The applicable framework
The 2025 Act creates separate roles for the Rent Authority, Rent Court and Rent Tribunal. Its definitions, exclusions, agreement-information requirements and savings clause must be considered before selecting a route. Section 40 limits the Rent Court to the tenancy framework and excludes a determination of title or ownership. Current local appointments and submission arrangements should be verified.
A practical next step
Ask for an itemised reconciliation in writing and identify the actual disputed amount. Assess the proper recovery route with the handover and applicability records.
Related guidance
- J&K Tenancy Act 2025 — does it apply to your tenancy?
- Informing the Rent Authority about a tenancy agreement
- The landlord refuses rent or will not give a receipt
- Tenancy, civil recovery and court orders — practice information
- Browse this guide collection
Sources and official resources
- J&K Tenancy Act, 2025 — original Gazette text retained by PRS
- J&K Law Department — commencement notification, S.O. 31
- J&K Law Department — Tenancy Rules, 2026, S.O. 189
Prepared 19 October 2026. General legal information. The applicable law, amendments, forum, evidence and time limits require assessment for the individual matter.