How to handle my landlord situation!?
Main question, Can a landlord ask for a security deposit 5 months after we moved in?
So my fiance and I are living in south Texas right now in a garage apartment that has a month to month agreement. When we moved in the lease states that we are to give a 30 day notice before moving out and pay final months rent in full regardless if we are still living there or not. Whatever, thats fine. It is fully furnished, we are not allowed to remove furniture, even though the living room furniture is crappy patio furniture. We're dealing. Our landlord never asked for a security deposit when we moved in 5 months ago. Two days ago the microwave went out. It was a turn dial microwave from December of 2006. We contacted the landlord about it and she said she would take a microwave out from a vacant rent house and put it in ours, never gave us a time frame. Yesterday she came in to the house unannounced to "replace" the microwave while we weren't home. Afterwards she said she would need a security deposit. We have not caused any damage to this already poor run down apartment. We are respectable people and take very good care of our living.
- babyboomer1001Lv 71 year ago
Pay the required deposit. Landlords have a right to increase it too. If you had the benefit of no deposit for a few months, you should not be complaining now.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- lilaLv 71 year ago
The majority of the details you've included here are completely irrelevant. Like the furniture for example, you clearly saw the condition of the furniture before you moved in and still chose to move in. You had no beef with your 2006 microwave until it broke on you.... guess what, appliances eventually will break. Nothing is designed or built to last forever anymore. It's quite comical to claim to be a respectful person when you just bashed your landlord and the apartment you chose to move into. Anyway, onto your question.
With proper notice, your landlord is entitled to ask for a deposit, increase the monthly rent, etc. Either pay the deposit or put in your 30 day notice.
- JudyLv 71 year ago
Sure she can. With a month to month lease, she can change the terms with 30 days notice. How to handle it? Pay it , or give notice and move.
- KISS MY GRITSLv 61 year ago
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- SimplytheFACTSLv 71 year ago
stop whining..you knew about the furniture. she did not need to give additional notice that she was bringing the microwave. as long as she knocked or rang the bell, she was announced.
with legal notice, she can demand a security deposit. that is usually 1 rental month, typically, but not always, it can be in effect Dec 1 at this point.
- real estate guyLv 71 year ago
If you have a lease that hasn't expired yet and there is NO mention of this deposit, then NO!! the landlord can't just require or change the original lease until it expires.
If you are on a month to month lease, then with 30 days written notice the landlord can change any of the terms of the agreement and you can either accept it or move out (with 30 days notice)
- SlickterpLv 71 year ago
Yes, they can ask for a deposit at any time, as you are month to month. You are of course free to give your notice and leave if you do not like her terms.
- MaxiLv 71 year ago
Your landlord gave you notice that they require a security deposit and YOU requested a repair/replacement which the landlord provided the landlord doesn't need to give you notice when it was you who requested
- SSP Bowl DudeLv 71 year ago
The landlord may charge you a deposit or change any other terms of a month to month lease with proper notice.
As for the microwave, you requested the replacement, so the landlord isn't required to provide notice of when they will perform the repair. A landlord never needs permission or a tenant to be home when repairs are preformed.
Give notice and leave if you think conditions are bad.