My landlord is asking for addition $$ to my security deposit to cover my leased parking space. Is this legal?

Asked over 1 year ago - Hackensack, NJ

The parking space is a monthly add-on. I was under the impression that the security deposit is to cover wear & tear / damage to the apartment.

Attorney answers (3)

  1. Matthew R Schutz

    Contributor Level 17


    Lawyers agree

    Answered . The LL is entitled to ask for 1 1/2 months rent as security. He is in violation of the rent security act to ask more. Depending on your agreement he may not change its terms until the lease expires.

  2. Adam Lefkowitz

    Contributor Level 14

    Answered . A review of your lease terms should provide guidance as to whether your landlord can impose additional security deposit demands. As previously mentioned, a landlord can ask for one and a half month's rent as security. Whether your landlord can ask for more than you've already provided depends on your lease terms and depends on how much you have already given as security. Consult with an attorney to discuss the specifics of your case.

    Disclaimer: For a free consultation contact me directly at 973-519-0196 or If this... more
  3. Steven Todd Keppler

    Contributor Level 14

    Answered . my colleagues are correct, and I will only add:

    Security deposits are to cover damages to the apartment/leased premises beyond normal wear/tear. Unless you drive a front-end loader, it's hard to see how your use of a parking space would cause damages. That's just a practical thought, there.

    Most LL's charge the maximum in security deposit allowed by law (1 &1/2 month's rent), so he cannot ask for more than that. Also, your LL cannot ask for money that is at variance with the lease in the middle of a lease term; he may only ask for more money in a new lease.

    The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client... more

Related Topics

Security deposits for renting

A security deposit is a refundable fee a landlord can use if a tenant violates lease terms, causes damage, or leaves the rental in unacceptable condition.

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