Can a landlord increase the deposit in a subsequent lease agreement?

UPDATED: Aug 16, 2011

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Can a landlord increase the deposit in a subsequent lease agreement?

I have been renting a home for nearly 12 months. I paid $1000 deposit ($500 regular, $500 pet) deposit. The landlord now wants an additional $600 deposit with the signing of a subsequent lease agreement. Is this in his legal rights to do so?

Asked on August 16, 2011 South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Assuming you have a written lease for the home you are renting and it does not have an option for you to extend it, your landlord can ask that an increased security deposit be placed by you as consideration for extending the lease beyond its current term.

There is nothing improper about this request in that you can either accept the terms for an extra $600.00 deposit or not in exchange for a lease extension. It is all up to you.

When your current lease is over as to its terms, the agreements contained within it also end. This includes the $1,000 deposit originally agreed to by you and the landord. You could counter the $600.00 requested deposit with one of $300.00 or ask for some other thing from the landlord that you want to extend the lease. If you move out, there will be a vacancy period with time and expense for the landlord to get the unit ready for someone else.

Perhaps your landlord does not want to have an interruption in his cash flow on the rented unit?

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 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.

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