Is it legal for a property manager to ask for a deposit after 3 months of renting?

UPDATED: Aug 5, 2010

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Is it legal for a property manager to ask for a deposit after 3 months of renting?

She says we had a file but were not in the system. We have a copy of the lease from may but even though we have receipts from may until now she says we have to re-apply and pay a deposit.

Asked on August 5, 2010 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Is the deposit a valid one--i.e. one that you should have paid? And if so, have you not in fact paid it to date?

If the answers to the two questions above are yes, she may ask for the deposit. If you should have paid it at the time and haven't paid it yet, it something they can require you to pay. Only if you either (1) believe that the charge is not valid--i.e. it's not something that you would or should have paid at the outset of or prior to renting; or (2) that you have already paid it, but they are not crediting you for doing so, would you have good grounds to not pay the deposit at  this time.

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 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.

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