Can my landlord ask for a security deposit before showing me my apartment and signing the rental agreement?

A. Your landlord may ask you to put down some sort of application fee to defray the expense of considering you as a tenant, but it would be unwise for you or your group to give the landlord more than about ten percent of one month's rent. Some landlords ask for one month's rent as security deposit before they will show you the apartment or consider you as a tenant. In essence, they are asking you to give a complete stranger one month's rent. If they keep it and refuse you, how will you get it back?

You'll have to sue. Where are you going to find a lawyer who will work cheap enough that there will be something of your deposit left over after you win? There is a case from the Ohio's Fourth Appellate District, Kimmie v. Tillimon (1990), 66 Ohio App.3d 478, that precludes a tenant in this situtation from getting double damages and attorneys fees. Are you getting the picture? A landlord can ask you for the moon, the sun, and the stars before showing you an apartment. If he does, then move on to the next landlord. A wise man once said that there are plenty of unrented apartments out there.

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Related topics on security deposits:

Ensure return of your security deposit
What are your rights when landlord withholds security deposit
Landlord's duty to itemize charges against security deposit
Tenant's duty to provide forwarding address

Is security deposit necessary before seeing apartment
Do I sue rental manager or owner to get my security deposit back
Who owes me my security deposit, new owner or previous owner
Who has burden of proof at trial to prove proper withholding of security deposit
Can landlord deduct for carpet cleaning

Disclaimer: The information provided on ohiolandlordtenant.com is not intended to be legal advice, but general information related to legal issues commonly encountered. The law in your state may be different from that discussed here. The facts in your case may be different too.

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