Oldlandlord58
Registered: 07/09/09
Posts: 1
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Reply with quote | #1 |
On the contract the tenant accepted the terms to $200.00 dollar non refundable deposit for her pet and also agreed to have her male cat declawed and neutured which she did not have done and I took her words to faith that it had been done she lived in the apt for 5 years in 5 years time where she had the potty box the cat urinated and sprayed in the area of the potty box area under the vanity where it was located and there was such a smell there when she left . Is a non refundable deposit legal for a pet? |
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rkkeller
Registered: 04/07/08
Posts: 426
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Reply with quote | #2 |
Yes, there is damage that she must pay for.
I would keep the $200 and then charge her anything extra, if needed, to
clean/fix the room.
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OHlandlord
Registered: 01/20/07
Posts: 1,836
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Reply with quote | #3 |
You are confusing the tenant with your terminology. A deposit is refundable by nature. Thus the confusion. A judge may not consider it non-refundable if you call it a deposit. Call it a non-refundable pet fee from now on for the privilege of having a pet. Still, since there was damage, you should deduct the damages from the pet deposit, then from the security deposit to make repairs. It will likely take at least $200 since you will probably have to enzyme clean it, and paint or seal the underside of the cabinets.
Oh, I just saw that you were from CA! Definitely use the pet deposit towards the damages as the courts there are extremely tenant friendly. They will not look upon a non-refundable deposit as such. And you will have to check on the legality of a non-refundable fee for pets there since the laws are so stringent.
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