Can a landlord request a deposit not written in the lease after te lease is signed but prior to move in?

Lease signed for move in 6 weeks out. It indicated monthly rent but no deposit amount was mentioned. The doctor said that the deposit could vary and to refer to “Community Addendum”, but this addendum has no info on amount of deposit. Income info provided when lease signed & mentioned monthly bonus. New hire so bonus not received yet. Ck stubs taken in few days later. Then 3 weeks prior to move in letter received indicating “Amount needed to move in”. One lump sum, no amortization. OK Then, they ask for new ceck stub. Take in and they call back and say do not meet income requirements not now want 2x rent for deposit.

Asked on August 13, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In the situation that you have written about if you have a written agreement for the unit you are to move in, its terms and conditions control the obligations owed to you by the landlord and vice versa. If there is nothing written in the lease about a deposit, then you have no obligation to pay it or any other amount not stated in the lease.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.