Pet Deposit
I rented my home to temporary renters for a 4 month period. I was compensated well, as this was an insurance claim for them due to fire at their home. I received 2X the normal expected rent. The renters are my neighbors and friends, with 4 grown children, 2 dogs, 2 cats. I was given a non refundable deposit of $650.00 for the pets. This was the max the insurance company would pay. The renters are due to move out by Dec. 5. My question: what exactly does a pet deposit cover? The home now has a strong oder of pets and I have noticed that the tennants have put duck tape on various spots of my carpet, probably where the dogs nails have caused raveling. The carpet is only 2 years old. I appreciate your feedback.
I am curious about the issue about what a pet deposit covers. It seems to me that it should cover any damage caused by the pet. The context is that the damage would not have occurred if the pet were not present in the building.
Cat scratches in the carpet, urine in the pad, dog-chewed door frames, discolored hardwood floors from animal feces are all damages that would not have occurred if the pet were not there.
Why not word your pet deposit agreements to cover any pet damages? That way if a pet chews a hole in the wall board and that is not on your list of pet infractions, the pet owner/tenant will not be claiming they are exempt from responsibility.
it would cover what was written that it would cover in the rental agreement......km
if you don't have a rental agreement "spelling" out to the renters what the pet deposit is for it could get "sticky".........km
Hi KM,
Thanks for your input. No, there is no agreement spelling out the details. Are there any guidelines as to what the pet deposit usually covers?
If your pet deposit is non-refundable, does it really matter?
Your lease probably says that the tenants are liable for damages. Even though you have a pet deposit (and hopefully a regular deposit too), you are entitled to the cost of repairs, normal wear and tear expected.
So if you have $5,000 of damges and you received $2500 as deposits, you can retain the $2500 plus sue for $2500.
I have never had an issue with carpet unwraveling. I am not sure if there is a spot-fix or if you must replace all of the carpet. I'd say to call a carpet store and ask them what your options are. Even if you must replace the carpet to bring it back to the existing state, that doesn't mean you must do it. You can collect for your damages and then take an simpler and worse looking approach depending on what your plans are for the property.
Yes, it matters, I'd like to know what is considered normal expectations for a pet deposit coverage, for future contracts.
[addsig]
I normally expect to replace the carpet in at least one room because of "messes". I do not believe that pet stains in the carpet count as "wear and tear" and when the pet chews up the carpet to the point of unraveling is definately not "wear and tear".
I also expect to replace any low windows as dogs tend to run into them and break them.
So, carpet if the pet is inside and perhaps low windows.
[addsig]
You have all been such a help! Thanks so much, I really appreciate it. That Rich Dad forum offered a lot of info! My next rental contract will certainly be more detailed where the pets are concerned!
Hey,
This is a VERY good thread and brings up some interesting legal questions.
Why are you charge an extra pet fee(non-refundable)? The answer MUST be you expect the pet to do damage to the property...therefore when the pet does damage to the property, is it considered normal wear and tear???? You expected the pet to do damages and the pet did damages..sounds like the normal course of events.
Does anyone have court cases involving pet fees (non-refundable)?
Bruce brings up a very good point. That is exactly what I would think if I were a tennant and would certainly agrue the point with my landlord if additional money was expected for damages. However, the "normal" pet deposit doesn't nearly cover possible damages.
You sillies!!
1. The deposits are controlled by law. That is to protect the innocent.
2. The landlord still has every right to charge accordingly after the fact for damage to the property that the tenant has leased.
3. The tenant is accountable whether the damage is done by a raging spouse, a lonely puppy, a curious cat, or a terrible two year old. In fact, a brawling beer buddy visiting is still the tenant's problem, not the landlord's.
So, the deposit is just extra security, not a limit or controller of damage! :-D
Hey,
That's the point...it is a FEE not a deposit. That changes the scope.
So using your example...if I charge a "Raging Spouse Fee" then I have allowed the tenant to have a Raging Spouse. The presumption is a Raging Spouse will cause X amount of damage and that is normal wear and tear (for a Raging Spouse). Therefore I could NOT apply this amount against the normal deposit.
Bruce,
I would say that charging the fee for pets is in expectation that there will be reasonable damages for owning the pet. That doesn't mean that the fee represents the cap for what damage the pet can cause. Just like the regular deposit.
The pet deposit exists because pets cause damage just by existing, but that doesn't preclude the damage being excessive.
[addsig]
Hey Savvy,
That is exactly my point...there is an expectation of minor damages. Therefore those damages become normal wear and tear and can NOT be claimed against the security deposit.
Now as to what those minor damages are...I have no idea.
Hey, back -
Naaa, by charging the fee you are simply saying "Most others won't bother with the risk of a 'Raging Spouse', (or 'Pet') and will tell ya to go elsewhere (because a pet is not yet a protected class). You choose to keep a 'raging spouse', who is a higher risk to my property, so, sweeten the pot w/what the law will allow, and I'll take the risk that I can collect what you owe me, IF there are damages when you go on your merry way."
Hey ceinvests,
"You choose to keep a 'raging spouse', who is a higher risk to my property..."
That is the whole point here. By charging a fee, you (the landlord) acknowledge that there is additional risk (i.e. damages) by having a "Raging Spouse" in the house. Therefore, if the Raging Spouse causes damages that the consistent with the damages generally occuring to a property housing a Raging Spouse, that damage MUST be considered normal wear and tear. You can not claim against the Security Deposit.
So, for the sake of argument, the fist holes in the walls, the smashed windows and the burns in the carpet are normal wear and tear on the house.
Well, I get your point there
however,
under that thinking.... normal wear and tear would change with each and every circumstance.... a bird would have peck holes, a fish could have moldy carpets, a dog, well.... on and on. So, normal wear and tear is still not a science according to anything I have read. There is a component of 'reasonableness' to it based on a 'normal standard of living' . So.....
you must be a Libra or Pisces, eh? ?
I disagree. A pet deposit is your acceptance of expected damage up to the amount of the pet deposit. Damages that exceed the amount of the pet deposit are damages that are deducted from the security deposit and damages that exceed the security deposit are charges you send a bill to the tenant for with the letter explaining they aren't receiving their deposits back. Normal wear and tear for a trained dog is no damage- normal wear and tear for an untrained dog can be thousands of dollars. The tenant is responsible for the behavior of their dog no matter what or where. I just had tenants move out and they had a dog and there was no odor and no damages and they lived there for 2 years.
For that reason, I think a large pet deposit should be required and REFUNDABLE because then the pet owner has an incentive to minimize damages- whereas if they think they've paid you for damages already they will be less likely to try to minimize damages and it doesn't matter as much to them. People will tend to try to get their money's worth out of a nonrefundable deposit.
Also, I don't allow puppies. Puppies pee everywhere initially no matter what the tenant says. The dog has to be over 2 years old and I interview the dog too.
Or to put it more clearly:
"I'm going to accept this $650. Raging Spouse Deposit and if you control your raging spouse you'll get this deposit back. If you don't control him, I'm keeping it" Every time the spouse rages, you're going to immediately think of your $650. on the line and rush the spouse outside.
Next time, you add into your lease that if damages exceed the deposit for the pet, the tenant will be liable for the additional damages as well.