Legal Question in Real Estate Law in Georgia

On 3/8/12, my husband and I signed/submitted an application for an apartment rental and paid the $250 required for the application and administrative fees. In the paperwork we signed, it states that the (refundable) deposit would be $400, to be paid via money order before our move-in date. On 3/9/12, I received notice that we were approved, but our deposit amount would now be $800, instead of the $400 originally quoted. We both have excellent credit scores/ratings, so when I asked why this amount was doubled, I was told that it was because my husband had only lived in the US for less than 5 years and only has Permanent Residence status, so they considered him to be some sort of flight risk. Supposedly, their concern is that he�ll just suddenly leave the country and move back to Israel.

My husband has lived here in the US since January of 2008 and again, he has an excellent credit score and rating. This sudden increase in deposit required seems wrong at the very least, and I�m wondering if it�s even legal. Is this some form of discrimination? Can the deposit amount be increased after we�ve signed the application and paid the application/administrative fees? I should mention, in case it matters, that we live in the state of Georgia.

We really like the apartment and want to live there, but we�re just not sure how to handle this situation. Your advice is greatly appreciated.


Asked on 3/10/12, 4:07 am

3 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

If you do not like the terms of the lease, don't live there. Complaining about a deposit is not a legal issue, but if they changed the terms in the application, ask for a refund.

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Answered on 3/10/12, 4:14 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It's not discrimination.

Unless it violates the terms of the application, and it probably does not, it's legal.

You need to decide if you want to live there or not, but there's no legal issue presented in your post.

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Answered on 3/10/12, 5:12 am
Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

If you do not want to live there and would like to consider filing a lawsuit against your landlord contact my office at 404-522-0341.

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Answered on 3/10/12, 6:47 am


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