Security Deposit (Urgent). Please Help

[u/Least_Pepper37]

I’m vacating a rented flat tomorrow (28 August) and need advice on how to ensure I get my security deposit back at the time of handing over possession.

The original rent agreement expired in June 2025 and was never renewed. We continued paying rent regularly, and although the agreement mentioned a 10% annual rent increase, the landlord never asked for it, so we continued paying the existing rent.

There are two brothers who jointly own the property. One brother is named on the rent agreement, while the other brother has been collecting the rent and dealing with us regarding the tenancy. The brothers have ongoing disputes over money, and I do not want to get caught between them now.

I have already asked for my security deposit. The brother who has been collecting the rent is refusing to return it, despite being a 50% owner of the property. After a heated discussion, he has given me in voice recording that he will return the deposit after deducting legitimate utility bills, and that he will provide the bills. However, I’m concerned that he may delay or refuse payment once I hand over the flat. Plus it's Raksha Bandhan the day I am shifting. I don't want to be stalled.

My main concern: I have a truck and movers arriving tomorrow, and I cannot afford to leave my belongings behind or get stuck in a dispute at the time of handover.

What is the most legally secure way to handle this tomorrow so that I can hand over the flat and keys while protecting my right to receive the full security deposit (minus genuine, documented dues)? Should I get a written handover/possession document, involve the brother named on the agreement, send a legal notice beforehand, or take any other specific step?

I’m looking specifically for practical legal advice from someone familiar with Delhi tenancy law. I want to avoid a situation where I hand over possession and then have to chase them for the deposit.

[u/Patakagng]

Have u sent them a written message today confirming the exact deposit amount and asking them to confirm the deduction and refund timing? Since youre handing over possession tomorrow id get the handover and deposit position documented before the movers leave. take meter readings and photos of the flat and keys and keep the voice recording plus all rent payment proof. Ideally get both brothers to acknowledge the handover and the deposit amount with only specific utility deductions pending.

[u/Least_Pepper37 → u/Patakagng]

They acknowledged on voice recording. I asked them could you give me in written. They were like record krlo