Security deposit and first month's rent? Struggling renters may have new options (2024)

Last June, Josh DeSon, a clinical psychology graduate student, had a choice to make: whether or not to take over the lease on his three-bedroom apartment in New York City’s Washington Heights neighborhood and be liable for the total costs as multiple roommates were losing jobs and moving out.

The Covid-19 pandemic had already driven many to leave the city and its high rents.

The apartment’s lease came with a hefty security deposit, including the first month’s rent, that totaled more than $6,000. Then DeSon learned about security deposit insurance, a service that would allow him to pay monthly, rather than the entire lump sum.

“I wish people knew you don't have to sell a kidney just to live in an apartment,” he said. “Just because you don’t have money saved up, or a family that can’t front the money, or you’re from a low-income background, it doesn't mean you can't do things.”

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Local legislation and companies offering security deposit alternatives have grown in response to the increasing number of those struggling to pay their monthly rent. New legislation, referred to as “Renter’s Choice,” and companies, such as Rhino and Jetty, allow property owners to offer low-cost alternatives to lump-sum cash security deposits, giving renters the ability to choose flexible payment options.

On the legislative side, bills have already been passed in cities such as Atlanta and Cincinnati. State governors have issued executive orders in New York and New Jersey that would provide renters with alternatives.

Some elected officials, such as Los Angeles Mayor Eric Garcetti, Miami Mayor Francis Suarez, Cincinnati Mayor John Cranley and others, have also signed an open letter calling for legislation to provide renter stimulus options locally.

“High upfront moving costs can be a barrier to housing stability for many, and providing lower cost alternatives may help some families and individuals navigate a changing economic landscape,” Richmond, Virginia, Mayor Levar Stoney, who signed the letter, said in a statement.

On Monday, the Baltimore City Council voted 12-2 to pass legislation supporting alternatives to lump-sum security deposits.The bill now goes to Mayor Brandon Scott.

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It has the potential to unlock $275 million now eligible to be put back into renters’ pockets, Rhino co-founder Ankur Jain said of the Baltimore legislation. He added that many lower income buildings across the country have not yet adopted such renters choice options, with 80 percent of rents still collected through checks.

“We have a large number of residents that live in poverty. Some of the statistics are we had 30,000 renters that spend more than one-third of their income on housing,” said Baltimore City Council Vice President Sharon Middleton, who introduced the legislation in January.

“I just know when we start to get better with Covid state of emergency that there’s just going to be an influx of evictions, people downsizing and looking for apartments,” she added. “I'm excited that there's now going to be options where people can choose to help any kind of financial situation.”

With Rhino, the platform replaces the traditional security deposit to a landlord and instead provides renters with a monthly low-rate insurance policy, simultaneously providing protection to property owners. It frees up money for the renter and provides the coverage that landlords require. For renters, this means paying a monthly rate for insurance that's scaled to their rent. For property owners or landlords, Rhino covers excessive damages or the loss of rent.

More than 10 million Americans are behind on rent or mortgage payments, with more than 5 million saying they are at risk of eviction or foreclosure, according to a Census Bureau survey. The Biden administration has extended a moratorium on housing evictions through the end of June. But Jain argues it’s a temporary fix.

“The challenge is once the moratorium ends, which eventually it will end, people are still racking up a lot of debt if they're not able to pay rent, which is as bad,” he said. “So it gives you temporary relief, but it doesn't solve the problem.”

Rhino’s platform, which DeSon used, seeks to free up $45 billion across the country that is currently tied up in security deposits, and turn it into stimulus for American renters, returning an average of $1,400 to renters’ pockets while simultaneously protecting the city’s property owners.

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Cristy Hill of South Haven, Mississippi, a mother of three, also uses Rhino. The company’s service was offered through the apartment building she moved into during the pandemic.

“It was a blessing in disguise,” she said, adding that by using the service instead of paying for the security deposit, she saved money in the short term that went toward electric and gas, as well as setting up her new apartment.

“Nobody is mandating any sort of new way of doing things, it’s mandating choices for renters,” Jain said. “Giving options to renters to make financial decisions that are best for them is really important. Right now they have no choices.”

Rhino’s model seeks to address housing affordability by providing an insurance as a simple alternative to traditional security deposits, in which the money sits in an escrow account that neither landlords nor residents can touch by law.

Renters are still liable, however, and could still be subject to claims from their landlords for missed rent or excessive damages. Critics also point out that few cities have clear laws that govern how the process works.

Cierra Winzor, a mother of two toddlers, was displaced from her Florida home and laid off from work following Hurricane Dorian in 2019. She left Florida to stay with her mother until she could get back on her feet. She learned about money-saving alternatives when looking for an apartment in Atlanta.

“It has helped me in the long run,” said Winzor, who used the services from Rhino when signing the lease for a new apartment. She said it saved her about $2,500 upfront, allowing her to instead pay $37 monthly for the security deposit insurance.

“I was able to save that money that I would have spent on a security deposit to build my credit, get into a better financial standing,” she added. “I was able to put my kids into a nice day care and thrive from that because I was able to keep that money and do what I needed to do to be in a better financial place.”

Amanda Golden

Amanda Goldenis an NBC News reporter.

Security deposit and first month's rent? Struggling renters may have new options (2024)

FAQs

Is it illegal for a landlord to charge first and last month's rent plus security deposit in Virginia? ›

Security deposits. A. No landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent.

How to tell landlord rent will be late sample? ›

Paying the rent late

Dear [Landlord's Name], I'm writing to inform you that my rent payment will be late this month. I was recently laid off from my job and won't be able to make the payment on time. I have applied for unemployment benefits, but it may take up to 2 weeks before I receive my first payment.

How do I ask for more time to pay rent? ›

Try to Negotiate a Partial or Delayed Rent Payment

Here are some basic steps to take: Ask your landlord in writing (as far in advance as possible) for a few extra days. Explain your difficulties and emphasize (if you can) that they are only temporary. Offer (if at all possible) to pay at least some of the rent on time.

What is the maximum amount of the security deposit if any that the landlord may require from a tenant in a New Jersey residential lease? ›

For instance, if the monthly rent is $1,000, the maximum security deposit would be $1,500. Receipt and Notification: Landlords are obligated to provide tenants with a written receipt for the security deposit, specifying the amount and the banking institution where it is held.

What are my rights as a renter in Virginia? ›

According to Virginia landlord-tenant law, tenants have the right to live in a habitable unit that complies with proper housing regulations. Additionally, tenants have the legal right to request required repairs if the unit has any kind of damage that exceeds normal wear and tear.

What is the security deposit law in Virginia? ›

In the state of Virginia, a landlord is only allowed to charge a tenant security deposit equivalent to a maximum of two months' rent. Landlords are not allowed to charge more than this amount.

How do I ask my landlord to lower my rent sample? ›

I'd like to ask for a (insert dollar amount) reduction to my monthly rent, however, I'm open to negotiate and compromise. If you accept this request, I'd be able to continue my lease and call this home. Can we schedule a time to meet and discuss this in more detail?

How to apologize for late rent payment? ›

I'm sorry that I've been unable to pay my full rent. I appreciate that this puts us both in a difficult position. Due to a change in my situation, I have to look for somewhere cheaper to live. I would like to reassure you that I will pay as much as I can while I remain a tenant.

How to write a letter for not paying rent? ›

To date, we have not received your full monthly rent payment. Please understand that failure to pay rent is the most frequent cause for tenants to lose their housing, and we are concerned about the balance due from you. Presently, you have an amount due of $________________________. Please pay this amount immediately.

Is it rude to ask how much you pay for rent? ›

Yes, it is rude to ask people how much they paid or are paying for something, just as it's rude to ask people how much money they make. Asking overly personal questions is rude.

How do I request not to increase rent? ›

Dear (Contact's name), I am contacting you to discuss lowering my monthly rent rate. I love living here, but lately, situations out of my control have impacted my monthly finances. A reduction in rent would go a long way to help me get back on track.

Is it OK to ask someone how much they pay for rent? ›

Rent or housing costs fall into tier two, potentially controversial. This doesn't mean you can't ask about it, he says, it just means people have lots of “strong opinions” on it. Before asking, think about how well you know this person.

How much of a security deposit do most landlords require? ›

Most landlords require tenants to pay a security deposit

A security deposit is money, usually 1 to 2 month's rent, that a landlord holds in case the tenant causes any damage to the rental unit or breaks the lease and doesn't pay rent.

What is considered normal wear and tear in a rental in NJ? ›

Normal wear and tear refers to damage that occurs as the property naturally ages. They are minor issues that include things like faded paint or lightly scratched windows. You must not charge your tenant the cost of fixing such damage.

Can a landlord charge for cleaning in NJ? ›

Landlords cannot charge cleaning fees to tenants who leave their apartments broom clean. Landlords often try to deduct such fees, as well as fees for painting. There are steps you can take to prevent a landlord from charging you for ordinary wear and tear, cleaning, or painting.

How to sue landlord deposit in Virginia? ›

If the landlord fails to return the deposit after the allowed time period, the tenant can file a Warrant in Debt in the Small Claims Court for return of the deposit. This will often prompt the landlord to file a Counterclaim for any additional damages above the amount that was covered by the security deposit.

What is considered normal wear and tear in a rental in Virginia? ›

Normal wear and tear speaks to the expected deterioration that is expected with the normal use of the property in instances where there is no negligence, carelessness, misuse, or accident caused by the tenant or any guests who may have been invited to the property. An example of this is fading wall paint.

What is the code 55 222 in Virginia? ›

A tenancy from month to month may beterminated by either party giving 30 days' notice in writing, prior to thenext rent due date, of his intention to terminate the same.

Can a landlord ask for first and last month rent plus security in PA? ›

Pennsylvania law limits the amount of security deposit a landlord can demand. During the first year of the lease, the security deposit cannot be more than two months' rent. A landlord might ask the tenant to pay a security deposit plus “the last month”.

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