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    mheimbach's Avatar
    mheimbach Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Sep 4, 2007, 08:25 AM
    Requesting an additional security deposit in new lease
    My tenant has damage exceeding their current security deposit and I want to know if it is legal to have the tenant sign a new lease, listing the damages and repair/replacement cost and then requiring an additional security depoist for the new lease?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Sep 4, 2007, 08:30 AM
    Why not just have the tenant pay to repair the damages? If they refuse, then you evict them.
    michealb's Avatar
    michealb Posts: 484, Reputation: 129
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    #3

    Sep 4, 2007, 08:35 AM
    The tenant is in most place required to pay to fix things as they break them the security deposit is just for when they move out. For example I had a tenant break a sliding glass door. The door was fixed as soon as possible and the cost to fix it was on the tenants next months bill. The tenant paid for their rent and the cost to replace the door that month and the security deposit was left completely intact.

    If your tenant is doing that much damage why would you sign a new lease with them?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Sep 4, 2007, 08:37 AM
    Hello m:

    At the expiration of the current lease, you are free to do anything you want, including NOT renewing it, and/or upping the rent and deposit. You can certainly enter the premises and fix the damage, deduct it from their deposit and require them to replenish it.

    If the lease hasn't expired, you can evict them if they've caused damage.

    But, LISTING the damage in a new lease doesn't do a thing. They've ALREADY agreed to pay for it. I don't know about you, but if I had a tenant that destroyed my property, I wouldn't let him CONTINUE to destroy it.

    excon
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