“Can my landlord charge a second security deposit on a lease renewal?”
March 25, 2025
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Q: We have clients who lease a property. They’ve been in the property a year, and now they want to renew. The landlord has increased the rent by $100 a month, but he also wants to ask for another $5,000 security deposit. The landlord is still holding the $4,000 deposit the tenants gave when they first signed a lease, and the monthly rent will now be $2,600. Can he do that?
A: There’s no prohibition on charging an additional security deposit upon renewal. However, Code Section 55.1-1226 states that a landlord may not demand a security deposit in excess of two months’ rent. If the new rent is $2,600 a month, the total security deposit could not be greater than $5,200. As the landlord is already holding $4,000, he could only ask for an additional $1,200.
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