Security Deposit w/o Lease Renewal

[HDSnyc]

Can a new landlord request a security deposit without issuing a renewal lease in writing? We live in a RS apartment and have not been provided a renewal lease so we're still following the terms of the previous lease. Thanks in advance.

[TenantNet]

Has the new LL requested a deposit? Did you not have any deposit previously with the old LL? If you did, do you have a record of that?

If there's a new LL, any deposit you had with the old landlord must be given to the new landlord. Landlords do not own the deposits; they hold it in trust. They must be returned to the tenant at the end of the tenancy subject to any claims for real damages (as opposed to fake damages which many LLs claim).

In general, security deposits, deposit increases and so on are separate issues from lease renewals. LLs of RS units must offer renewal leases whether or not tenants have paid deposits or increased existing deposits.

If you have not been given a lease renewal, the rent cannot legally go up. Unless there's a real reason to do so, it might makes sense to not push the issue as your rent can't legally increase.

It would help to have more detail of the situation.

[HDSnyc]

Thank you for responding. Yes, we did have a security deposit with the former landlord as we were tenants of theirs for many years. I should have specified that this request for payment is for the additional deposit required as part of the lease renewal. Before the new landlord took over, I was provided with a lease renewal which I signed and delivered back in office but a copy was never sent back for my records (a receipt of acceptance is the only proof I have). It seems the former landlord lost this or somehow did not process this lease renewal due to the sale occurring. The new landlord claims that they don't have the new lease but are requiring that the additional deposit be paid but haven't provided a lease renewal.The rent is still the same, for now, as we're following the former lease but it's confusing as to why the landlord is requesting I pay this.

[TenantNet]

LLs can ask for additional deposit to keep the amount on deposit equal to the legal rent (which presumably has also risen).

Some tenant attorneys say a renewal lease is binding once you accept it and return a signed copy to the LL. Some even say it's binding once the LL has made the offer. But in our opinion, that's to protect you.

We are of the opinion that not having an executed lease signed by the LL means the rent can't increase ... and therefore there can be no deposit increase.

I presume you've asked for a copy of the signed and executed lease. The LL's remedy to force a tenant to pay the deposit increase is to take you to court (not refuse to make a lease offer), and we believe he would have to produce the lease.

Did you make a copy of the renewal before you returned it? If not, start now. Did you send it certified? If not, start now.

And make sure all payments are earmarked on the checks you use to pay the rent ... start now. Earmarking is when you write on the memo field of the check, a note that says, "Rent for March 2024 and no other months." They must then apply it to that month and no other months.