Your Lease Is a Contract
When you and your landlord signed the lease, you agreed to specific terms including the deposit amount. Your landlord cannot unilaterally change those terms mid-lease any more than they can unilaterally raise your rent during a fixed lease term. Doing so would be a breach of the contract.
When Landlords Can Request More Deposit
- At lease renewal, with proper notice per state law
- If you add a pet and the lease allows for a pet deposit
- If you agree in writing to modify the lease to include additional deposit
- In month-to-month tenancies with proper advance notice (varies by state)
What to Do If Landlord Demands More Deposit Mid-Lease
- 1Point to the deposit amount in your signed lease
- 2State in writing that you are not agreeing to any mid-lease modification
- 3Do not pay the additional deposit
- 4If landlord tries to evict over this, consult a tenant rights attorney
- 5A mid-lease deposit demand may itself be a lease violation
Document the Demand
If your landlord demands more deposit in writing, keep that document. If they escalate, their own written demand is evidence they breached or attempted to breach the lease.
Month-to-Month Tenants Have Less Protection
If you have a month-to-month tenancy rather than a fixed-term lease, your landlord has more flexibility to change terms with proper notice. But even then, they cannot change the deposit without the advance notice required by state law, typically 30 days.