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Security DepositImportantAct of 20214 min read

Security Deposits in Commercial Leases: What's Different

Commercial deposits run far higher than residential ones and 'restoration charges' are a common point of dispute. Here's what to negotiate upfront.

Legal reference
Act
Model Tenancy Act, 2021 (2021)
Act number
Not a numbered central Act — a model law approved by the Union Cabinet on 2 June 2021 for voluntary adoption by states and UTs
Enacting authority
Ministry of Housing and Urban Affairs (MoHUA), Government of India
Sources

This article is for general information only and does not constitute legal advice. Always verify current provisions against the official source before relying on them.


Why commercial deposits run so much higher

Where the Model Tenancy Act framework applies, commercial deposits are capped at six months' rent — three times the residential cap — reflecting the higher risk and longer lock-in typical of business tenancies. In practice, commercial deposits have historically ranged from 6-10 months of rent, though modern Grade A properties increasingly trend toward the 3-6 month range.

The 'restoration charges' problem

A common friction point in commercial leases is landlords withholding 10-20% of the deposit for restoration or reinstatement charges at lease-end, often without a clear basis. Negotiating a defined restoration scope and cost cap into the lease upfront prevents this becoming an open-ended deduction.

What to fix in the lease terms

A specific, itemised restoration obligation rather than a vague clause.

A joint move-in condition report, the same principle as residential leases but scaled to fit-out and equipment.

A defined refund timeline with a penalty or interest clause for late refunds, since commercial deposits involve materially larger sums of locked capital.

Why a structured process matters more here

Because the amounts involved are larger and the terms more negotiable than a standard residential tenancy, validating every claimed deduction against the original move-in report is what keeps deposit leakage close to zero in commercial leases.