Pet deposit/leasing agreement debate...

[suprchkn79]

California

My question is this: My girlfriend and I live in an upscale apartment complex and when we moved in, we signed our lease and paid a $750 pet deposit about a week later. Nowhere in our lease agreement -- including the pet ammendum -- does it reference the rate of a pet deposit, if it is per pet or a one-time fee, or anything.

Recently, we got a second dog and have yet to notify management. Well, upon our annual inspectioin this week, they noticed the first dog (the second one was at the dog park during the walk-through). They posted a "warning" on our door saying we had never paid a pet deposit and it was due immediately. We resolved that issue and they said they did receive that payment and the notice was a mistake. But on the warning, it says "$750 for dogs".

Here is my question....we know once they discover the second dog, they will try charging us another $750. Is this allowed? Nowhere in our lease does it make reference to the cost of a pet deposit or if it is per pet or covers multiple pets. The wording on their official "warning" was not "per" dog, but just "$750 for dogs" in general. My girlfriend writes contracts for a living and I am a journalist, so we know the importance of phrasing things correctly for legal reasons, and the way they wrote it implies multiple dogs fall under the same $750.

Any thoughts/advice? If I am correct in thinking we shouldnt pay a second deposit, then I intend to be pro-active and tell them about the second dog. If we do have to pay, I'm gonna keep her hidden a while longer.

 

[Baranov]

we signed our lease and paid a $750 pet deposit about a week later. Nowhere in our lease agreement -- including the pet ammendum -- does it reference the rate of a pet deposit, if it is per pet or a one-time fee, or anything.

Either you paid the deposit or you didn't.

How can you say that the rate of the pet deposit is not referenced in the lease?

Would they be asking for a pet deposit if they have a current deposit?

Basically, If I am reading your post correctly, you are willing to hide a dog and risk eviction rather than do the right thing.

 

[eridon2002]

If it is a deposit and not a fee then if you have to pay another $750 you should get it back when you move. That is as long as your dogs don't chew up the house.

 

[wesawitbleed]

what is your monthy rent?

any money that is collected as a security, no matter what it is labeled as, is refundable even if stated non-refundable in the contract(they would be violating 1950.5 if they stated non-refundable). application/screening fee is the only fee that is non-refundable. if you live in an unfurnished apartment they cannot collect more then 2 times the amount of rent for any deposits/fees. 3 times the amount for a furnished apartment.

knowing california you probably had to pay a pretty penny towards the deposit minus the pet deposit. i'm gonna go out on a limb and guess your close to the deposit limit they can collect. come clean and you will feel much better.

civil code 1950.5
Find California Code

 

[trw43]

refreshing to find somebody who knows what he or she is talking about and refers to the codes - shows he or she can read and does their homework. for the others who just guess take time to research. as far as you and your friend writing contracts i can't believe you are even posting this question. you go by the letter of the contract and they can't just change it because they want if it is legal then it is legal read it. if they say dogs and not per dog. then guess what it is a $750 deposit for dogs.
the foreseeable problem is they can change it when your lease runs out. but be sure to read tenants rights be fore you give in to any demands. most of the time even pro real estate agents don't know what they are talking about and try to scare you by claiming they are smart.
deposits are refundable and can only take out money for reasonable damages from your dogs or you. and as far as adendums are concerned don't be scared into signing them if you don't agree -- don't don't sign.