ADDITIONAL security deposit? Please read...?

Question

I have been unemployed for a year. My husband was constantly employed by one employer for 3 years, then just changed to a much higher paying job 2 months ago.

I think the landlord we are trying to rent from is going to request an additional security deposit just because of this.
1. Is this ethical?
2. Will they be obligated to give it back to us once our lease ends and we always paid on time? Or can they keep it and drag their feet giving it back at move out time, maybe from dirty carpet, etc?

They have already requested a $75 NON refundable "redecorating" deposit, and $175 regular deposit.
I know they can only ask for a total of one month rent, but I don't understand what this money for "short recent work history" is going to cover!

Answer 1

You should definitely review your lease agreement. Normally, in my experience, the security deposit is held for potential damage to the apartment while you are living there and is usually about one month's rent. It's returned upon completion of the lease. In NYC, there are many buildings where you have to pay first and last months' rent as well as a security deposit upfront.

Some other buildings have required a few months of rent upfront if the tenant has no credit history or has a volatile employment record. This should be held in escrow and can either be used to pay out the last few months of rent if you do not renew a lease, or it is refunded after the lease is over.

The additional charges your landlord is asking for seems extraneous, like the decorating fees.

You might want to ask him upfront how the extra months' rent will be held and make sure that it is in an escrow account with your name or atleast you as the beneficiary. He should also pay you the annual interest from that deposit if he is asking for any additional months of rent.

Answer 2

Read your lease. If it stipulates a fixed deposit of $175.00 and does not have a provision for increasing the deposit upon certain contingencies then the LL cannot require any additional deposit.

The issue on the $75 "redecorating fee" is up to state and local laws. Some states prohibit non-refundable "deposits" or advance cleaning fees. CA is one such state. If state law and local ordinances are silent on the issue then it's probably legal.

Security deposits are intended to protect the landlord in case you damage the unit, not as surety for rents. As long as you have paid your rents on time and are properly caring for the unit, the landlord really has no basis to even ask for, let alone receive, any additional deposit.

Answer 3

As long as IN WRITING it states that the additional $___ collected is considered a deposit and will be returned pending you've met their criteria for moving out, you shouldn't really worry about it. They're just protecting themselves.

Anyone can make up a story about why 1 tenant or the other has only worked at their current employer for 2 months. See things from their perspective.

But yes, I've lived in about 20 states, and rented in at least half of them... deposits have ranged from 1/2 a month's rent to first AND last month's rent...

good luck

Answer 4

Asking for the first months rent and security deposit is normal. I don't understand the "redecorating fee". Sounds as though your being charged to clean the apartment from the previous tenant. I would investigate the additional charge, it doesn't sound right.

Answer 5

The issues of what the deposits are going to be and how they are going to be treated are on the lease you negotiated in the beginning that can not be changed until the lease is renewed. In addition each state has laws covering resolutions and what can and can not be done relating to issues on deposits. I recommend that you check your state laws relating to landlord tenant issues. You may want to go to http:/www.realestateformnm.com/researchindividual.aspx and go to your state then click on the "Landlord Tenant Act" link.
Best of luck on your research