We are getting a 3rd roommate and she wants us to pay extra security deposit for the extra person. Is this legal? There is nothing in the lease that stipulates this and I'm getting a lot of info that it's not legal to ask for more. The roommate will be signing the same lease as we did, but can the landlord alter the lease somehow to require the extra deposit?
2007-09-08 14:57:28 · 12 answers · asked by S K 2 in Business & Finance ➔ Renting & Real Estate
If you're not signing a new lease, she's just being added to the current one - then she probably can't ask for more money. You can go to findlaw.com to get more details by region, just to be sure.
Although, if your friend is paying the extra deposit (and not you), then who really cares? You and your 2nd roommate both had to pay a deposit to be returned when you move out, right? So why shouldn't the 3rd roomie? I guess the landlord probably figures that the more people living in your place, the higher the risk is that something's going to be damaged. They're probably just covering themselves.
She could tell you that you can't have the 3rd roomie without the extra deposit, there's noting in your lease that says she HAS to let 3 people live there when the current lease only has 2 names on it. SO, I'd just be safe and ask your friend to pay what she asks. It'll save a lot of hassle for everyone, believe me! Landlords can make your life miserable if they want - and with a lease, you're stuck there!
2007-09-08 15:08:18 · answer #1 · answered by Roland'sMommy 6 · 0⤊ 1⤋
I can tell you if it was my apartment, all 3 of you would be signing a new lease, paying a higher total rent and yes the total security deposit would be higher as well. 3 people cause more wear and tear than 2.
Besides even with the higher rent (in my examples) the rent/cost per tenant is still lower for 3 than 2.
As to your original question, look at it this way the landlord could have simply denied allowing this 3rd roommate from even moving in, she is under NO legal obligation to do so. So if it was me and I was allowing you to add a 3rd roomie and NOT raise the rent and you bytched about extra security deposit that 3rd person wouldn't be moving in.
Its things EXACTLY like this that cause landlords to become inflexible, we do you a favor by allowing something we don't have to and you bytch moan and complain because you think it is unfair to ask for some additional security deposit.
2007-09-08 18:09:33 · answer #2 · answered by Craig T 6 · 0⤊ 0⤋
Yes. The landlord can ASK for anything. It's up to you whether or not to execute the agreement. I have routinely asked for additional deposits when tenants have announced their desire to get a cat or dog. I'm glad I did. They would have got the pet regardless of what I said. I was worth having them pay for destroyed carpet. You mentioned the lease didn't stipulate an additional deposit. Let me ask you: did it make mention of an additional roommate?
2007-09-08 19:00:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If a new lease (that is written exactly like the one you signed) is being written between the landlord and the new tenant as an addendum to the lease you originally signed, a new deposit can be collected from the new tenant. But, if the new tenant is merely adding his/her name to the lease you previously signed, then it is illegal for the landlord to change ANY term in the lease.
2007-09-08 17:45:53 · answer #4 · answered by linkus86 7 · 0⤊ 0⤋
Most landlords will ask for extra security deposit because of the third person moving in. This is to cover for any damages that may be done by this third person.
Checkwith your landlord / tenant laws in your state to make sure you are also not breaching the contract by bringing in another roommate.
2007-09-08 15:03:35 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Well technically when the 3rd roommate signs the lease, it is a brand new lease. That means the landlord can ask for more total security deposit. However, typically it cannot exceed 1 months rent (total for all tenants).
2007-09-08 17:18:38 · answer #6 · answered by AJ 7 · 0⤊ 2⤋
Most states have a limit on what they can ask for security deposit. In my state it's one and a half times the monthly rent. I'd look into your tenant's association and they can offer you specific advice. Big picture, though, I wouldn't pay it. He's already got your security deposit and doesn't have a reason to request more.
2016-05-19 23:36:39 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It depends on what you signed. Why wouldn't you want the 3rd person to have a security deposit against anything they may do wrong. They could move out early, do damages and you are jointly liable for any of their actions. This just covers your b*tt too. I'd insist on it.
2007-09-08 16:34:52 · answer #8 · answered by towanda 7 · 0⤊ 1⤋
The landlord can charge whatever he/she wants. If it is more probable that something will break with 4 people than 3, then the extra security deposit is justified.
2007-09-08 15:02:15 · answer #9 · answered by treseuropean 6 · 0⤊ 4⤋
Good answer, Stuart: it depends on where you live. Contact your local city government's Landlord-Tenant office and/or the City Attorney's office.
2007-09-08 15:03:37 · answer #10 · answered by Dept. of Redundancy Department 7 · 0⤊ 1⤋