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Q.Can my landlord increase my security deposit after I move in?

A.The answer depends on the terms of the rental agreement or lease and how much the tenant has already paid. If there is a written lease, the security deposit cannot be increased unless the lease contains a clause permitting a security deposit increase.

If there is no written lease or rental agreement, the landlord can increase the security deposit unless the tenant's security deposit already equals two times the current monthly rent (for an unfurnished unit) or three times the current monthly rent (for a furnished unit).

If a security deposit increase is permissible either by the terms of a lease or by law, the landlord must give the tenant proper notice before increasing the security deposit. 30 days advanced written notice normally is required in a month-to-month rental agreement.

Please note that a local rent control ordinance may further limit increases in security deposits.




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