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Renting

How many months of deposit is normal in the western suburbs, and when it is negotiable

By Nikunj Sharma7 min readChecked 8 September 2026
The short answer

In Borivali, Kandivali and Malad a deposit of two to three months' rent is the norm in newer societies, rising to four, five or six in older buildings and premium pockets. No Maharashtra law fixes the number. The two month cap people quote comes from a central model law the state has not enacted, so the deposit is a term of the agreement, and it is negotiable.

Where the number comes from

Nothing in Maharashtra law sets it. The Maharashtra Rent Control Act, 1999 says a great deal about what a leave and licence agreement must be, and nothing about how large the deposit can be. Its one hard rule on the subject is section 55: every leave and licence agreement must be in writing and registered, the duty to register sits with the landlord, and if it is not registered, the tenant's account of the terms is what a court will go by unless the landlord can prove otherwise.

The two month figure that circulates online is real, but it belongs to the Model Tenancy Act, 2021. That is a template written by the central government for states to adopt. A few states have. We could find no Maharashtra notification adopting it, and the state's only 2025 amendment to the Rent Control Act was about kitchens and structural alterations, not deposits. Until that changes, a Mumbai landlord asking three months is not breaking any law, and a tenant citing the two month cap is citing a law that does not apply here.

The ten month figure is real too, but it is Bengaluru's. Mumbai's convention has always been lower, and it has softened further as new supply came in. What the written sources agree on for this belt: two to three months in newer societies and the suburbs generally, three to four across the western suburbs as a whole, and up to five or six in older buildings and premium addresses. So a landlord in Borivali asking ten months is asking three times the going rate, and knows it.

There is one other thing worth knowing. A study published in July 2026 estimated that Mumbai tenants have about 41,000 crore rupees sitting with landlords as deposits, more than any other Indian city. That money earns the tenant nothing. Every month of deposit you negotiate off is a month of rent back in your own account.


When it is negotiable, and when it is not

A deposit is the landlord's insurance against three things: rent that stops, society dues that go unpaid, and damage beyond ordinary wear. A tenant who visibly lowers those three risks has room to negotiate. One who does not, has less.

What lowers them in a landlord's eyes: a registered agreement rather than a handshake, a salary slip or employer letter, a willingness to pay society dues directly, and a tenancy that looks like it will last. A flat that has sat empty for a while lowers them further, because a month of vacancy costs the landlord more than a month of deposit protects.

What raises them: a short stay, a first job, an owner who has been burned before, or a building where the society's own rules on tenants are strict. When a landlord in that position says no, pushing past it rarely works, and it is better spent on the next flat.

The trade that is most often available is time, not money. Ask whether the deposit can be paid in two parts, one at signing and one at possession, or whether a slightly higher rent can stand in for a lower lump sum. The second of those is a genuine trade, so do the arithmetic before offering it: an extra 1,000 rupees a month over eleven months is 11,000 rupees you will not see again, against a deposit reduction you will.


What the deposit is actually covering

Unpaid rent, unpaid society dues, and damage beyond normal wear and tear. That last phrase is not decoration. Section 108(m) of the Transfer of Property Act allows a landlord to recover for damage caused by the tenant but not for ordinary deterioration, and the courts treat faded paint, minor scuffs and the natural ageing of fittings as ordinary.

That is why painting is where most handover arguments happen. A landlord who deducts the full cost of repainting a flat that shows nothing more than a year of normal living is charging wear and tear dressed up as damage. A hole in the wall, a broken fitting, a burn on the counter: those are damage, and a deduction for them is fair.


Getting it back

The mechanics that apply everywhere:

  1. The amount, the deductions the landlord may make, and the return timeline all go into the written agreement. Not agreed verbally, not left to "as per practice".
  2. Photograph the flat on the day you move in, every room, including anything already damaged, and send the photographs to the landlord that day so they are dated.
  3. Settle the society dues and the electricity bill before you hand over, and keep the receipts.
  4. Ask for an itemised list of any deductions. A single line for "cleaning and painting" without receipts is the classic trigger for a dispute.
  5. Take the return by bank transfer, never cash.

On timing: courts and rent authorities generally treat fifteen to thirty days from the day you hand over vacant possession as reasonable. Write that number into the agreement. The commonest reason for delay is a landlord waiting for a new tenant's deposit to fund the return of yours, which is a cash flow problem and not your problem.

If it does not come back, the options in Maharashtra are the Court of Small Causes for a modest sum, a civil suit for recovery, and, where the tenancy was arranged through a platform or broker, the district consumer commission. A registered agreement with the deposit clause in it makes any of those straightforward. An unregistered one, oddly, does not hurt the tenant, because section 55 says the tenant's version of the terms prevails.


A caution worth writing down

The pattern in lost deposits is not a bad landlord. It is a missing document. Money paid in cash with no receipt, an agreement that was never registered, a deposit clause that says "refundable after deductions" without saying which deductions, and no photographs from the first day. Each of those on its own is survivable. Together they leave the tenant with a claim and no way to prove it.

Check for all four before you pay. If any one is missing, fix it before the money moves, and if the landlord will not fix it, that tells you something about the return.

Before you pay a deposit

Get the amount, the permitted deductions and the return date into the written agreement, and get the agreement registered. Photograph everything on day one. Pay by transfer. And if a deposit looks unusually low for the building, ask why, because there is normally a reason.

Get the amount, the deductions and the return date into the written agreement, register it, and photograph the flat on day one. Do those and the deposit comes back the way it should. If you are looking at a flat in Borivali, Kandivali or Malad and would like us to read the agreement before you sign, send it over. That is part of what we do, and there is no charge for a look.

Common questions

Can a landlord ask for more than ten months?
Legally, yes, because Maharashtra sets no cap. Practically, ten months is already three to four times the going rate in this belt, and a landlord asking it is either testing you or does not want a tenant. Either way, it is a reason to look elsewhere.
Is the deposit refundable in full?
Yes, less itemised deductions for unpaid rent, unpaid dues, and damage beyond ordinary wear and tear. Painting after normal use is wear and tear. Ask for the list, with receipts.
When is it returned?
On the date the agreement says. If the agreement is silent, fifteen to thirty days from the day you hand back the keys is what courts treat as reasonable, and it is the number to write in.
Is there a legal limit on the security deposit in Maharashtra?
No. The Maharashtra Rent Control Act, 1999 sets no cap; the two month limit often quoted is the central Model Tenancy Act, 2021, which Maharashtra has not enacted. The deposit is whatever the registered agreement says, which is why the amount, the deductions and the return date all belong in writing.
What changed in the Maharashtra rent rules in 2025?
Less than the headlines suggest. The Maharashtra Rent Control (Amendment) Bill, 2025 dealt with structural alterations and the landlord's duty to keep a kitchen and essential services available. It did not cap deposits, change registration, or adopt the Model Tenancy Act. Section 55, which requires every agreement to be registered, is unchanged.

Words you will see

Plain meanings for the terms used above.

Society
The co operative housing society: the body of flat owners that collectively runs the building.
Leave and licence
The agreement most Mumbai flats are rented on. It gives permission to occupy rather than a tenancy, and it is registered.
Nikunj Sharma
Senior Associate

Senior Associate at Shree Giriraj Real Estate, handling marketing and sales across Borivali, Kandivali and Malad. Writes the articles here from the questions clients actually ask.

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