Can a landlord charge first month and last months and a deposit at move-in?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord charge first month and last months and a deposit at move-in?
Asked on September 3, 2011 under Real Estate Law, Wisconsin
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Once you sign a lease agreement, the landlord cannot now change the amount of security at move-in; otherwise, it would be considered a material breach of the lease and then the lease agreement could possibly be either void or voidable. If there was no meeting of the minds on the amount of security and there was no amount set at signing and then at move-in an amount was given, then this could be considered an addition to the lease (he would say) or you would say that a material term of a complete contract was the security deposit and if this was not set at move-in, then no lease term exists. Now you need to ensure that if the amount is listed in the lease agreement your landlord understands that he would be committing fraud at the very most and a breach of the lease agreement at the very least of this lease.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.