What can I do about my apartment complexrequiring another deposit if I want to downsize to a smaller unit?

UPDATED: Jul 28, 2011

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What can I do about my apartment complexrequiring another deposit if I want to downsize to a smaller unit?

Asked on July 28, 2011 Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the landlord is willing to have you enter into a new lease for a different apartment in the same complex where your current lease terminates for your existing rental and a new lease is entered into for a different one, the landlord is obligated to return your deposits on the former apartment to you.

As a condition of the new lease for a different smaller apartment, the landlord could require that you place new deposits for that unit.

The landlord cannot unjustifiably keep your deposit for the apartment you are giving up and then require another new apartment for the smaller apartment. You would be no longer occupying the first unit.

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