Can I get my pet deposit back?
April 25, 2012 7:11 PM Subscribe
Am I entitled to the return of my pet deposit?
Few months ago, I moved into an apartment unit in N. California. Typical HOA managed gated community replete with cookie cutter condos.
I put down a $500 pet deposit, and signed the lease as a secondary tenant. I'm NOT subletting the unit, and have lease directly with the management company. Since I'm the secondary tenant, I'm not responsible for the lease for the entire unit.
My dog caused some damage to the carpet, probably in the $200-300 range. We already vacated the premises, and they're refusing to apply the $500 towards the damage and insisting that I relinquish the deposit and pay for the entirety of the repair out of my pocket.
This makes absolutely no sense to me. After all what is the point of pet deposit if I can't apply it towards the damages, nor will get it back.
From cursory reading, California requires the landlord to provide their tenants with itemized repair bill and return the deposit within 21 days assuming that the damage is covered.
So, what are my rights here? How do I approach this situation?
Few months ago, I moved into an apartment unit in N. California. Typical HOA managed gated community replete with cookie cutter condos.
I put down a $500 pet deposit, and signed the lease as a secondary tenant. I'm NOT subletting the unit, and have lease directly with the management company. Since I'm the secondary tenant, I'm not responsible for the lease for the entire unit.
My dog caused some damage to the carpet, probably in the $200-300 range. We already vacated the premises, and they're refusing to apply the $500 towards the damage and insisting that I relinquish the deposit and pay for the entirety of the repair out of my pocket.
This makes absolutely no sense to me. After all what is the point of pet deposit if I can't apply it towards the damages, nor will get it back.
From cursory reading, California requires the landlord to provide their tenants with itemized repair bill and return the deposit within 21 days assuming that the damage is covered.
So, what are my rights here? How do I approach this situation?
This is not legal advice, but I was always more of the view that the pet deposit was more accurately called a pet surcharge. I never got one back regardless of the absence of damage; it's more like extra rent.
I'm not saying they're right, but the facts you describe are consistent with my understanding and expectations. Sorry!
posted by Admiral Haddock at 7:17 PM on April 25, 2012
I'm not saying they're right, but the facts you describe are consistent with my understanding and expectations. Sorry!
posted by Admiral Haddock at 7:17 PM on April 25, 2012
The California Department of Consumer Affairs has a web page about the law of deposits that you might find helpful. In general, there is no such thing as a "deposit" that is automatically forfeited.
That last time I moved out of an apartment in California, my landlord kept my "cleaning deposit." I wrote him a polite letter citing California Civil Code 1950.5, and he refunded the deposit.
posted by jgfoot at 7:35 PM on April 25, 2012 [4 favorites]
That last time I moved out of an apartment in California, my landlord kept my "cleaning deposit." I wrote him a polite letter citing California Civil Code 1950.5, and he refunded the deposit.
posted by jgfoot at 7:35 PM on April 25, 2012 [4 favorites]
What does the lease say about the pet deposit? Generally though, if they wait until after the 21 days to send you an itemized repair bill and the remainder of the deposit, they forfeit the whole thing, so I'd say you're fine to just wait it out until the 21 days are up and act upon that. I think a judge would be sympathetic if the pet deposit language actually uses the "deposit" word, or I think you could even make a case for it being refundable if they cashed a check from you that said "pet deposit" on it. Spit-balling, but food for thought hopefully.
posted by rhizome at 7:37 PM on April 25, 2012
posted by rhizome at 7:37 PM on April 25, 2012
I agree with you that the whole purpose of a deposit, pet or otherwise, is to cover any damage up front, essentially so you don't skip town & screw the management company. In my experience, landlords will go to great lengths to justify keeping as much of your deposit as possible, but they still need to provide you with an itemized bill and refund the difference within 21 days. Standard disclaimer: I am not a lawyer or a tenant's rights expert. Good luck!
posted by katemcd at 9:31 PM on April 25, 2012
posted by katemcd at 9:31 PM on April 25, 2012
I have refunded pet deposits as a California Landlord, it NEVER occurred to me that that money could ever be considered a legal "surcharge."
Other commenters have been scammed if they let that money termed "deposit" go. You are in the same boat.
Yes quote CA state law. 21 Days, itemized repair bill (NOT ESTIMATE) - certified letter from you to them.
Best of luck.
posted by jbenben at 10:48 PM on April 25, 2012 [1 favorite]
Other commenters have been scammed if they let that money termed "deposit" go. You are in the same boat.
Yes quote CA state law. 21 Days, itemized repair bill (NOT ESTIMATE) - certified letter from you to them.
Best of luck.
posted by jbenben at 10:48 PM on April 25, 2012 [1 favorite]
jgfoot nails it. There is no such thing as a non-refundable deposit in California. Any deductions from your deposit *must* be supported with proper documentation including receipts per CA Civil Code ยง1950.5
posted by colin_l at 11:01 PM on April 25, 2012 [2 favorites]
posted by colin_l at 11:01 PM on April 25, 2012 [2 favorites]
I don't live in California, but I used to work for a property management company. We had both pet "fees" (non-refundable) and pet "deposits" (refundable). Check your lease to see what yours is.
posted by Safiya at 9:37 AM on April 26, 2012
posted by Safiya at 9:37 AM on April 26, 2012
What is it called in your lease? Pet Deposit? or Pet Fee? Because one is refundable and used to cover costs/damages and the other is just a fee you pay for the right for you animal to live there.
If it is actually called a deposit in your lease then they need to take the repair costs out of it and return the remainder of the money to you. If it is really called a fee in your lease then you are just out that money and you do owe for damages.
posted by magnetsphere at 5:46 PM on April 27, 2012
If it is actually called a deposit in your lease then they need to take the repair costs out of it and return the remainder of the money to you. If it is really called a fee in your lease then you are just out that money and you do owe for damages.
posted by magnetsphere at 5:46 PM on April 27, 2012
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