 Use Pet Deposit? (by Denise [MD]) Feb 19, 2018 11:05 AM
 Use Pet Deposit? (by S i d [MO]) Feb 19, 2018 11:28 AM
Use Pet Deposit? (by Moshe [CA]) Feb 19, 2018 11:34 AM
Use Pet Deposit? (by BRAD 20,000 [IN]) Feb 19, 2018 1:16 PM
Use Pet Deposit? (by Landlord ofthe Flies [TX]) Feb 19, 2018 1:51 PM
Use Pet Deposit? (by Laura [MD]) Feb 19, 2018 3:59 PM
Use Pet Deposit? (by NC INVESTOR [NC]) Feb 19, 2018 4:10 PM
Use Pet Deposit? (by Oregon Woodsmoke [ID]) Feb 19, 2018 7:13 PM
Use Pet Deposit? (by Ms Biz [IN]) Feb 20, 2018 2:57 AM
Use Pet Deposit? (by Still Learning [NH]) Feb 20, 2018 3:57 AM
Use Pet Deposit? (by Vee [OH]) Feb 20, 2018 5:52 AM
Use Pet Deposit? (by Lynda [TX]) Feb 20, 2018 1:03 PM
Use Pet Deposit? (by Denise [MD]) Feb 20, 2018 1:20 PM
Use Pet Deposit? (by BRAD 20,000 [IN]) Feb 22, 2018 9:35 AM
Use Pet Deposit? (by Denise [MD]) Posted on: Feb 19, 2018 11:05 AM
Message:
Hello,
I am in process of getting my tenant his deposit back, minus utilities, late fees, etc owed. The total he owes me is over his deposit, however, I also have a pet deposit from him. What are the rules of using his deposit and pet deposit to recover funds owed? Or are pet deposits only to be used for pet damages, which would result in me having to return his pet deposit in it's entirely, and having to go to small claims court to recover the rest that the rent deposit doesn't cover?
Thanks in advance
State Specific Question About: MARYLAND (MD)
--144.160.xxx.xx |
Use Pet Deposit? (by S i d [MO]) Posted on: Feb 19, 2018 11:28 AM
Message:
I don't know the specifics for Maryland, but my guess is since you called it a Pet Deposit, then the only way you could withhold would be to prove damage from pets.
Be sure that any damages from pets are subtracted from the Pet Deposit before subtracting from the Security Deposit. You'll have to bill him for the amount owed in excess and must return the remainder of the Pet Deposit, even though he owes you money for other things. Then if he refuses to pay you'll have to decide if suing him in court is worth your time, hassle and expense.
Comments for the future.
1) As you can see, separating out the two deposits has left you in a world of hurt. In the future, unless there is a legal reason compelling you to differentiate one deposit from another, just combine them all into a single deposit. Or even better....
2) ...we don't do pet deposits any more. We do "Animal Registration Fees." Non-refundable, as with all fees. We also charge more rent for pets, but we don't call it Pet Rent. We just increase the monthly rent to compensate. Keeps you from having to adjust each month's rent up and down as critters enter/leave the premises.
The rent is the rent.
The deposit is the deposit.
Keep it simple. --173.17.xx.xx |
Use Pet Deposit? (by Moshe [CA]) Posted on: Feb 19, 2018 11:34 AM
Message:
In CA, the law lumps together all funds which are paid by tenant prior to taking possession and calls it "Security" and limits its use to reimbursement for damage to premises, cleaning to return premises to condition of cleanliness at inception of tenancy, and unpaid rent.
Avoids problems like those in your question.
--47.139.xx.xxx |
Use Pet Deposit? (by BRAD 20,000 [IN]) Posted on: Feb 19, 2018 1:16 PM
Message:
Melinda,
Unless the res pushes the issue I would do a move out accounting based on their ACCOUNT.
List all expenses minus all deposits paid.
BRAD
--68.51.xx.xxx |
Use Pet Deposit? (by Landlord ofthe Flies [TX]) Posted on: Feb 19, 2018 1:51 PM
Message:
He may be relieved to not have to pay anything out of pocket. If he demands it back, he know's you'll demand that he hand it right back to you. If you do refund part of the deposit, make sure it's all pet deposit. --108.69.xxx.xxx |
Use Pet Deposit? (by Laura [MD]) Posted on: Feb 19, 2018 3:59 PM
Message:
I hope you only charged him security deposit & pet deposit (& any other monies beside 1st month rent) equal to 2 months rent or less. If you held any deposits over 2 months in rent value return that money immediately as you should not have collected it.
I don't care what you call it, pet deposit, security deposit , or anything else. You can only collect up front a total value equal to 2 months rent. This excludes first months rent.
That law is MD wide.
--108.51.xxx.xxx |
Use Pet Deposit? (by NC INVESTOR [NC]) Posted on: Feb 19, 2018 4:10 PM
Message:
Stop calling it a deposit. deposits of any nature are refundable fees are not. --71.75.xx.xx |
Use Pet Deposit? (by Oregon Woodsmoke [ID]) Posted on: Feb 19, 2018 7:13 PM
Message:
Apply it towards damage. If he squawks loud enough, you might have to adjust. --174.216.xx.xxx |
Use Pet Deposit? (by Ms Biz [IN]) Posted on: Feb 20, 2018 2:57 AM
Message:
Yikes that became complicated !
For the future or immediately change
pet deposit to Pet Fee (non-refundable)
On app lease and any other document.
Y --67.199.xxx.xx |
Use Pet Deposit? (by Still Learning [NH]) Posted on: Feb 20, 2018 3:57 AM
Message:
In some states if you do not follow security deposit laws correctly a judge must award double or triple damages by law. Check your laws. Not sure if that would include a pet deposit or not. --24.61.xxx.xx |
Use Pet Deposit? (by Vee [OH]) Posted on: Feb 20, 2018 5:52 AM
Message:
I thought we advised everyone here that there is no such thing as a pet deposit, there are many of us who charge a pet registration fee after we get photo vet records proving the animal is vaccinated and not on a list that would raise or cancel the property insurance. However if the deposit will help you have to return it or use it. --76.188.xxx.xx |
Use Pet Deposit? (by Lynda [TX]) Posted on: Feb 20, 2018 1:03 PM
Message:
Denise, any floor repair including carpet replace or professional cleaning, any door or wall damage up to about 3 feet (incl screen doors, sliding doors off the track, closet doors off the track, broken window blinds or curtains, wires/cables connecting outside AC unit), anything a dog could REACH, could be dog damage and subtracted from that deposit.
All repairs a dog could NOT have done would come out of the security deposit. YOU make the determination.
I know of one LL in my area had a $3000-dig-up-the-lawn bill because there was a stuffed animal put down the toilet. This was not a child's toy--but a dog toy. (There was no children in the family.) And not the first time either! The guy took the LL to court for relief of the LL's demand for repairs. But the LL HAD THE TOY saved and showed the judge. Judge said tenant was responsible for the dog and for his damage!
I have never had such damage (knock on wood-or say a prayer) from a pet because I meet the pet first and gage the temperament of the dog, AND of the owner's buy in of the pet as a family member (and be willing to take responsibility for its actions). I also have pet doors which eliminate most damage a pet could do either inside or out. I think 90% of pet damage is its need to get OUT or want to get IN. --148.103.xx.xx |
Use Pet Deposit? (by Denise [MD]) Posted on: Feb 20, 2018 1:20 PM
Message:
Thank you all! All this information has been very helpful. Some of you more than others. . . ;)
Great to have a forum like this! --144.160.xxx.xx |
Use Pet Deposit? (by BRAD 20,000 [IN]) Posted on: Feb 22, 2018 9:35 AM
Message:
Melinda,
You have now experienced the reason I changed to NonRefundable Animal Registration Fee. People pay it without batting an eye.
Evictee owed me a few thousand in rent and repairs but the judge ordered me to refund his pet deposit.
How about this - text or email him and ask “Joe, I plan tonapply your pet deposit to the cleaning so you owe less. Please rely with your OK. “
That way you have good communication and his approval.
BRAD
--68.51.xx.xxx |
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