Landlord I signed commercial lease agreement not requiring security deposit landlord now says he wants a deposit

UPDATED: Sep 30, 2022

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Landlord I signed commercial lease agreement not requiring security deposit landlord now says he wants a deposit

After signing a commercial rental lease, the landlord said he now needs a 1,000
deposit, although there is no mention of a security deposit in the lease. We are to
take possession of the building within a week. He cannot require a deposit now
that we’ve already signed the lease, correct?

Asked on January 24, 2017 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are correct: a lease is a contract, and once a contract has been executed, neither party can unilaterally change the agreement or add new terms or requirements to it without the consent or agreement of the other side. If the lease does not include a security deposit, he cannot require one now (though when the current lease expires, he can add a security deposit to any renewal).

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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