In most states, the landlord can ask for whatever they wish, however certain states have taken precautions by creating consumer protections for these situations.
Yes you can. Your landlord cannot use your last month's rent as security deposit and vice versa.
I think he can since he is new. Did you get back your deposit from the original landlord? I would try to get it or find out where the money went. The money could have been handed over to the new landlord or landlord 1 kept it. You may be able to sue him in small claims court for your deposit.
Yes. The security deposit is intended to be used to repair damages. Telling the landlord to use the deposit for rent is simply failure to pay the rent.
Yes, only if the Landlord accepts. This is usually a request by a Tenant that is most often denied by the Landlord.
only if that is agreeable with landlord. A lease agreement without a lease is a verbal lease. Your last month's rent is not a security deposit.
To move into a dwelling, the landlord is going to generally ask you for the first month's rent, a security deposit, and often times the last months rent. Every state has its own rules about this and you should check with it. In South Carolina and Florida your security deposit may not exceed one month's rent. And in both states that security deposit may not be used as rent unless you and the landlord mutually agree.
Under the Tenant Security Deposit Act, a landlord of a residential rental property can collect a security deposit of 2 weeks' rent if the tenancy is week to week, 1 1/2 months' rent if the tenancy is month to month, or 2 months' rent if the tenancy period is greater than month to month (such as a yearly tenancy). The Act also allows the landlord to ask for a "reasonable" non-refundable pet deposit.
In Arizona, a landlord can ask for a security deposit equal to one and a half months rent. Once the tenant vacates the property, the landlord has 14 days to return the deposit. If any part of the deposit is kept, an itemized list must be included.
No. In the estoppel that your old landlord signs to the new landlord the security deposit is turned over to the new landlord, who keeps the deposit where it is now, or tells you where your deposit will be located.
Usually, but it's up to the discretion of the landlord. You can possibly negotiate with them if you can convince them that you are trustworthy.
Yes, you can often rent with bad credit, the only bad part is sometimes the landlord will raise the security deposit to atleast a months rent if not more. Also renting with bad credit a landlord will sometimes require you to have somebody co-sign the lease with you incase you do not pay rent so they can still get their money from someone.
This depends on how your lease is written. You may (or may not) lose your deposit but if the landlord finds another renter you won't be responsible for the remaining months of rent you would have to pay until such renter is found.
Your landloard can keep your Security Deposit, not advanced rent (such as last month's rent), for non-payment of rent or damages. An eviction alone doesn't automatically allow a landlord to keep all of your deposit. Now let's clarify what an eviction is: it's a court proceeding to remove you from your home. A landlord asking you to leave after a specific perios of time is not an eviction.
It is very common for a landlord/rental agency to require first and last months rent and a security/damage deposit. Check local/state renters laws to ensure your rights.
The landlord has a right to ask for the security deposit to be increased when the monthly rent goes up.
Massachusetts statutes allow a landlord to collect, at the beginning of a tenancy, the first month's rent, the last month's rent, a security deposit, and a key fee. Most states are similar.
Your state laws should have a section about "landlord and tenant" or the like. There are also many self-help books available about landlord/tenant laws. In Massachusetts, for example, the law defines both a security deposit and a damage deposit and ONLY the security deposit can be applied to delinquent rent, and the damage deposit remains the property of the tenant until the landlord proves damage to the premises and the costs to repair them.
Yes he can. Deposit usually cannot be higher than a month's rent. Last month's rent may not be used as a deposit.
The first month's rent pays for your first month in the apartment. You will owe the agreed-upon rent to the landlord the second month. I can't see why anything would be prorated--your security deposit cannot be used for rent.
It depends on the jurisdiction. Your best bet is to check with a local legal aid or tenant's rights organization to see if it's allowed in your particular location. In some places, the situation you've mentioned is perfectly fine; in others, anything above the first month's rent is considered a security deposit (regardless of what the rental agreement calls It) and is subject to restrictions on "reasonable" security deposit amounts. In practice, it may not matter much. California, for example, allows landlords renting an unfurnished property to collect a security deposit of two months' rent, but not more than that, no matter what it's called: security deposit, last month's rent, pet deposit, key fee, cleaning fee, all of these are regarded by the state as a security deposit and cannot total more than two months' rent (with the exception that the landlord may charge a "screening fee"; the amount may not be more than the landlord's actual out-of-pocket expenses, such as obtaining a credit report, and is subject to a statutory maximum dollar limit as well -- this is NOT part of the security deposit). So, that puts you on the hook for about $50, plus first month's rent, plus two months' rent equivalent as a security deposit, maximum; a total of just over 3 months' rent. In contrast, Massachusetts allows landlords to collect first month's rent, last month's rent, and a security deposit and treats them all separately ... but limits the security deposit to one month's rent instead. So you'd still have to come up with three months' rent (plus the cost of a new lock and key, which MA law also explicitly allows) to move in, it would just be broken down slightly differently.
You can in Massachusetts - you don't say what state you are in. The landlord has the option of using the deposit for back rent, but he doesn't have to.
landlords can charge you what ever they want (with out a lease) ... its your wellness to pay that sets the tone ...Answer:The person who wrote the above"answer" is clearly not informed about landlord tenant law. First, in California, everything you pay EXCEPT for the 1st month's rent is considered a deposit. It does not matter what it is called. It does not matter what is on the lease agreement. Anything over the 1st month's rent is a deposit. The maximum deposit the landlord can request is double the rent. So if he asks for first, last and a deposit, he is really asking for double the rent as a deposit. This is legal. However, if the rent is $2,000 and the landlord asks for first, last and a $4,000 deposit, that is illegal.
Yes they can.