Giving Security Deposit Back??
My very first tenant is now leaving after fulfillling her lease. The lease clearly states that no pets are allowed in the condo. After doing a preliminary walk through I noticed she had a cat and a bird inside the condo. We never agreed upon her bringing these animals in.
Can I keep some/all of the security deposit because of this infraction? Does anyone have any insight into this matter?
Most of my experience has involved damage caused by prohibited pets. If your lease specifies holding back security deposit for violations, you might try withholding if you are so inclined and the ball would be in the tenant's court to sue you to recover. If it were my property I would not withhold if there are no damages and count my blessings. I have had a great deal of damage done by animals.
you may entertain a pet deposit (non refundable) in your next lease...cat's in particular can and will cost you prospective tenants. there are scores of people allergic to cats and it will take professional carpet cleaning to make it presentable. fyi...I charge $300. non-refundable...but i prefer NO PETS...regards, C.Walker
Hey,
Unless the pets did damage, you may NOT withhold any of the deposit.
hey bruce...that's why you write it in the lease. I do not allow pets but I will give you the right to have one...it cost's $300. non refundable. my security deposit is another $600-1000. not including 1st & last month's rent...and yes, i get it.
cwal,
Even though my lease might stipulate that pet deposits are non-refundable, my local landlord tenant laws prohibit non-refundable security deposits.
If challenged, I fear the court would uphold the law and strike down that provision of my lease.
Hey cwal,
Your lease and my lease sound very similiar...BUT that has nothing to do with this situation.
The landlord can NOT retroactively charge a fee. The landlord can NOT retain any of the Security Deposit unless there is damage (also back rent, etc) above Normal Wear and Tear. If the pets damaged the unit, you can charge the amount of the repair and that is it.
I would also question the LL who are charging cleaning fees. If your standard practice is to clean the unit before the next tenant, you can NOT charge this to the Security Deposit. It is NOT above Normal Wear and Tear. People living in a unit create some amount of dirt, that is just life.
Hey Bruce, sounds like you are a seasoned veteran but I will have to disagree with you on this because I been there/done this.
A security deposit belongs to the tenant and is refundable AS LONG as the tenant pays rent, keeps the premises in good condition, and leaves the place clean. I agree you can not charge fees out of your SD because fees are non-refundable but any necessary cleaning does come out of the SD. I am not talking about dust on blinds or a little dirt on floor that can be handled with a vacuum. You as a landlord have a right to receive your property in the same condition as when you rented/leased to the tenant except for normal wear and tear. Even if mtnfrk4evr (the original message poster) allowed pets in the unit and there were pet stains that would be above normal wear & tear and would require cleaning that would be deducted from the SD. After signing a lease and right before the expiration of tenancy I always send a memo to the tenant titled “To ensure you get back your deposit” Some of the subjects discussed in it were adopted from the website given below. I let my atty. look at it and she gave me the OK to do it. It includes the subjects of keys, forwarding address & other topics. It also suggests if tenants do not have time to clean (at least broom clean), hire a cleaning service. All landlords should know their rights. I suggest you go to this website and browse around look at the part about normal wear & tear too: http://www.rentlaw.com/securitydeposit.htm
But after it is all said and done, before you execute any strategies or methods from any forum, board or website consult with a competent Atty.
If she wants it back and the property is in good shape, give it back to her.
Hey gmackk,
I think you and I are saying the same thing (though you did a better job of saying it!).
The LL can NOT charge any fees for a pet after the fact. The LL may NOT keep any of the Security Deposit, unless there is damage. When I say damage I am also referring to stains on the carpet, walls, etc caused by the pet. I should have been more specific. Sorry about that.
As far as cleaning a unit, a house that is rented will NEVER be returned in the same manner as when it was first rented; this is called Normal Wear and Tear. The carpet will have some dirt on it, the blinds will have some dust on them, the bathroom will have some minor mildew, etc. Most LL will clean this before the next tenant, but you can not charge the previous tenant for this cleaning. On the other hand, if the carpet has mud on it or colored stains (Kool Aid) or there is grease all over the walls, etc., the LL may charge for this cleaning.