Monday, December 12, 2011

Can a landlord charge a security deposit every time you renew your lease?

The property was sold 3 month after I moved in. The documents state that all the terms of the original lease will stay the same. I made a $500 security deposit $300 of which is refundable on exit if it is rent-able condition. My new landlord is now attempting to charged a security deposit if I renew my lease for $500 security deposit $200 of which is refundable on exit if it is rent-able condition. The landlord makes no mention of a credit of the original amount. What鈥檚 going on here? Should I pay it and try to collect the money via small claims court for the $300-year-1 and $200-year-2 at the conclusion of the 2nd year? I don't want to have to move because of a dispute.|||No i think you are over reacting.Your current secutity deposit will be apllied in full toward a new lease if you decide to do that with the terms that you mentioned.The difference is the new owner wants to keep an extra 100 dollars when you move if you sign a new lease.The refundable 300 drops to 200.No need to give any money.If you have a 2 year lease do not sign a new lease it is not to your advantage.|||Absolutely not. Do NOT pay another deposit. That is just ridiculous. I've been renting for 10 years in 3 different states and I've never been asked that.





If anything, they should give YOU something for renewing your lease - discount on rent, free carpet cleaning, etc.





I think your landlord is just broke and trying to get money out of you.|||The landlord is within his rights to increase or change your security deposit levels. When properties are sold, buyers are required to honor the terms of the leases until they expire. When you sign a NEW lease, the terms can be changed, just as rent levels can be changed. None of the terms of the previous leases carry forward past the expiry date of the original lease.|||Do you have a receipt for the original security deposit? Maybe the former owners didn't leave any records regarding the deposits. I don't think they can collect again.|||What did your landlord say when you questioned him? It's quite possible that it's just a simple error.|||They can up the rent but no they cannot change the security deposit.|||I would advise the new LL that you have already paid a $500 security deposit, which you were informed $300 of it was refundable upon move out. Make sure you give him a copy of the cancelled check with which you paid the security deposit with upon move in.





Ask him if they require an additional $500 on top of the $500 you've already paid them.





They might not have the records or receipt of the fact that you've already paid and they are trying to collect it.





Make sure you prove that you've already paid.





Security deposit should not be for more than your monthly rent amount, in most cases it's lower. They cannot charge an additional security deposit unless it's a pet deposit that they have just added and you have a pet. Some LL like to increase the deposit as the rent increases so it matches. If your contract does not state that they can do that each year then they cannot expect to get it.

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