Renewal requires new security deposit

Reviewed by Marcus A. Hall, Founder
Worth a closer look
Legal in most places, but pushy — try to negotiate.
Quick answer

Requiring a new deposit on renewal is unusual and may violate deposit caps. Your original deposit should roll over.

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What it actually means

Most states cap total deposits (often 1–2 months' rent). If the landlord already has your deposit, demanding more may exceed the cap.

A legitimate reason might be a rent increase that raises the deposit ceiling — but even then, it should be the difference, not a whole new deposit.

What it looks like in a lease

"Upon renewal, Tenant shall pay a new Security Deposit equal to one month's Rent."

What to watch for

  • State deposit caps
  • Whether old deposit is refunded

How to negotiate it

'My existing deposit should roll over. Please confirm no additional deposit is required.'

When it crosses into a red flag

  • Old deposit not returned
  • Total exceeds state cap

Frequently asked questions

What if rent increased?

Landlord may collect the difference to bring deposit up to the new cap, but not a whole new deposit.

Related state law

Want to know how this works in your specific state? Read the Security deposit laws guide, or pick your state from the guide index.

Related clauses

General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.

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