Question:

Is a lease valid if the security deposit is not given to the landlord first?

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i have decided to move but i had already signed a 1 year lease with my landlord a week ago. this is going to be my second year living there and due to the rent increase they want an additional $100 dollar security deposit.i haven't given them the security deposit yet? is the lease still valid?

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5 ANSWERS


  1. A valid contract requires a "meeting of the minds".  You both have to agree to all the terms of the contract.  You have not agreed to all the terms so you are a free agent.

    But if you want to be able to give them 1 day notice and leave, that means that they can give you 1 day notice and boot you out.

    You need to think of exactly what you want from them and exactly what you will do if they say no. Get to work. /


  2. A security deposit has nothing to do with a lease's validity. A lease is a contract, and that contract may or may not call for a security deposit.

    To be sure, read the terms of the lease. But if you've got a valid lease (signed by both parties, specifying the property and length of lease, without anything that conflicts with local or state law), then it's valid unless (big unless) the contract is contingent upon payment of not only the initial security deposit but any additional required deposits.

  3. I think you have to give a couple weeks notice. But if you didn't sign anything, then you should be able to move out. Be careful, the price of everything has gone up, the grass may not be greener on the other side.

  4. You signed the lease and a lease is a contract.

    Security deposit has nothing to due with rent or a rent increase.

    My leases have a $3,000 lease break fee.

    Plus in Arizona you are liable till I re-rent the unit.

  5. Of course the lease is still valid.

    The increased security deposit is an obligation per the lease you signed not a requirement for the lease to be valid.

    There was a "meeting of the minds" when you signed an agreed to all terms in the lease.  

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