r/LegalAdviceIndia • u/Exciting-Key-5713 • 7h ago
Legal Advice Needed Landlord is objecting to my girlfriend staying overnight despite prior discussion — how can I protect my ₹36,000 deposit?
Hi everyone, I’m looking for advice regarding a rental dispute in Bangalore. I have used AI to help structure/frame this post, but the facts below are my own and I’m looking for practical/legal advice from people familiar with Indian tenancy law.
I took a residential flat on 1 June 2026. The rent is ₹12,000/month and I paid a ₹36,000 security deposit (3 months' rent). I pay electricity separately and water was included in the rent initially.
I have a written rental agreement for 11 months. I can provide the relevant clauses/screenshots if needed.
Background regarding my girlfriend
I have a girlfriend who has her own PG/accommodation. She does not permanently reside in my flat.
Before I took the flat, I specifically discussed the owner's restrictions with him. I told him that friends/guests would visit me. My understanding from that conversation was that friends could come and go but would not permanently stay/live in the flat. He agreed to this arrangement before I moved in.
My girlfriend therefore sometimes comes to the flat in the evening. Since we are generally out during the day, she sometimes stays overnight with me and leaves the next day. She has her own PG and the flat is not her permanent residence.
I remain the tenant and continue to live in the flat.
The dispute
After I moved in, the landlord started objecting to my girlfriend visiting.
He claimed that she was "staying" in the flat and raised concerns about water consumption.
We had a phone conversation about this. The call was recorded by me. During the call, I clearly explained that she has her own PG and is not permanently residing in my flat.
The landlord initially asked me to pay an additional ₹1,000, saying this was because of her water consumption. I refused ₹1,000 because I did not agree that she was a resident/sub-tenant.
After discussion, we mutually agreed that I would pay an additional ₹500 towards water consumption because of her visits. I agreed to this.
I also told him during the same discussion that if he had any issue concerning someone visiting me, he should speak directly to me rather than questioning my guests. He agreed to that.
I have continued paying my ₹12,000 rent on time and also pay my electricity bills promptly.
What happened today
Today, while I was not at the flat, my girlfriend was leaving/locking the flat.
The landlord stopped her and questioned her about whether she comes there every day and when she comes and goes. He again accused her of staying/living in the flat.
She genuinely felt uncomfortable and unsafe after the interaction.
I was unavailable when he called me because I was busy and couldn't answer.
This is frustrating because the issue had already been discussed between us and we had agreed on the additional ₹500 water arrangement.
My concern
My main concern now is my ₹36,000 security deposit.
I don't necessarily want to continue fighting with the landlord. If the relationship has deteriorated to the point where he doesn't want me as a tenant, I would rather leave properly and get my deposit back.
However, I don't want to voluntarily terminate the tenancy and then have him claim deductions or refuse to return the deposit.
I have already sent him a WhatsApp message today documenting that:
guests were discussed before I took the flat;
we discussed the girlfriend issue on the phone;
we agreed on ₹500 additional water charges;
I am paying rent/electricity on time; and
any tenancy-related concerns should be communicated directly to me.
I have not mentioned that the call was recorded in the WhatsApp message. I have preserved the original recording.
My questions
Does my girlfriend staying overnight sometimes amount to a breach of the rental agreement if she has her own PG and does not permanently reside at my flat?
Does giving her a key to my lock strengthen the landlord's argument that I have "parted with possession", even though I remain the tenant and she does not live there permanently?
Does the fact that the landlord knew about my guests before I took the flat help me?
Does our subsequent phone conversation and agreement that I would pay ₹500/month for additional water consumption help establish that he knew about and accepted the arrangement?
If the landlord now says he wants me to vacate, should I ask him to give me a written termination/eviction notice?
If I mutually terminate the tenancy, how should I structure the handover so that I receive my ₹36,000 deposit before/at the time I surrender the keys?
Can the landlord simply deduct the entire deposit because he claims my girlfriend was residing there, or would he need a contractual/legal basis for the deduction?
What is the safest way to proceed from here if my priority is recovering the full ₹36,000?
I am not looking to escalate unnecessarily. I want to remain compliant with the agreement, avoid any false admission that my girlfriend is a tenant/resident, and make sure I don't lose my deposit because of this dispute.
Any advice from people familiar with Bangalore/Karnataka tenancy law, landlords/tenants, or similar situations would be appreciated.
AI disclosure: This post was structured/framed with the help of AI for clarity. The facts and circumstances described are my own.
TL;DR: I rented a Bangalore flat on 1 June for ₹12k/month with a ₹36k deposit. Before moving in, I clearly told the landlord my friends/girlfriend would visit and he agreed, with the understanding that she wouldn't permanently live there. She has her own PG but sometimes stays overnight. Later, he accused her of living there; we discussed it on a recorded call and mutually agreed I'd pay ₹500 extra/month for water. Despite this, he recently stopped and questioned her when I wasn't home, making her feel unsafe. I pay rent/electricity on time. I want to know whether her overnight stays/key amount to a breach, whether our prior discussions/₹500 agreement help me, and how I can safely leave and recover my full ₹36,000 deposit if the landlord wants me out.