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Even if you did not pay a deposit up front when you sign your initial lease, the landlord may try to add a deposit clause to your lease renewal. If you did pay a security deposit, the landlord may try to keep the deposit for a longer period of time as part of your renewal than the lease specifies.
There is a 3rd case you have a bad landlord that does not know the rules. Generally, no. You'd have to just give them a new security deposit for the new lease, to replace the old security deposit on the old lease, so it tends to carry.
When a lease expires, a tenant may opt to move, renew a lease, or continue to pay rent as a month-to-month tenant. If you offer a lease renewal, agreement is at the tenant's discretion. If they choose not to renew a lease, they must vacate the property in accordance with the expiring lease.
Most states have a law on the books that says when a landlord has to return your security deposit after you've moved out of the rental. In California, it's 21 days. Also, if they are running late, generally landlords lose the right to deduct money from your deposit for repairs.
It is not illegal for your landlord to increase your security deposit and ask for a second payment, but if you have a lease, your landlord cannot ask for a second payment unless it is expressly provided for in the lease. Without a lease, your landlord must first give you written notice of the security deposit increase.
Unless you have a contractual right to renew your lease (option) than your renewal is a new agreement between you and your landlord, and they can require new proof of income and/or credit score. That said, your payment history with them typically tells them everything they need to know.
Step 1 Gather the Original Lease. Step 2 Approach the Other Party. Step 3 Send the Extension Addendum. Step 4 Sign the Addendum.
A leaseholder can either extend their lease using the Leasehold Reform, Housing and Urban Development Act 1993 if applicable or by private negotiation with their landlord. Lease extension can be a difficult process. We recommend you get professional help from a solicitor and surveyor with experience in this area.
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