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? re non-refundable pet deposit

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earachefl@comca

Junior Member
What is the name of your state? Florida
I have moved out of a rental home, and the landlords claim that the carpet in one bedroom has to be replaced because of cat urine. In addition to my security deposit, I also paid a $600 non-refundable pet deposit. The wording in the lease is:

5. PET DEPOSIT
Tenant agrees to pay the sum of $300 non-refundable pet deposit per cat. There are two cats so the unrefundable pet deposit totals $600. No other pets are allowed other than the two cats which are already spayed or neutered.

Instead of deducting the cost ($456.91) from the pet deposit, the landlords are deducting the cost from the security deposit. In their words, "Your $300 non refundable per-cat pet deposit is non-refundable ($600 total, since two cats). You agreed to this in the lease. There was no agreement to credit this toward damage to the carpet."

Question - are they abusing the intent of the pet deposit, or are they within their legal rights? I am not looking for a refund, rather, my assumption is that the pet deposit money was meant to cover damages caused by the pets. If that is correct, am I not correct in thinking that the damages should be deducted from that pet deposit, rather than the security deposit? Otherwise, what is the purpose of the pet deposit - simply a gift to them for the privilege of allowing me to board my cats?
 


BelizeBreeze

Senior Member
What is the name of your state? Florida
I have moved out of a rental home, and the landlords claim that the carpet in one bedroom has to be replaced because of cat urine. In addition to my security deposit, I also paid a $600 non-refundable pet deposit. The wording in the lease is:

5. PET DEPOSIT
Tenant agrees to pay the sum of $300 non-refundable pet deposit per cat. There are two cats so the unrefundable pet deposit totals $600. No other pets are allowed other than the two cats which are already spayed or neutered.

Instead of deducting the cost ($456.91) from the pet deposit, the landlords are deducting the cost from the security deposit. In their words, "Your $300 non refundable per-cat pet deposit is non-refundable ($600 total, since two cats). You agreed to this in the lease. There was no agreement to credit this toward damage to the carpet."

Question - are they abusing the intent of the pet deposit, or are they within their legal rights? I am not looking for a refund, rather, my assumption is that the pet deposit money was meant to cover damages caused by the pets. If that is correct, am I not correct in thinking that the damages should be deducted from that pet deposit, rather than the security deposit? Otherwise, what is the purpose of the pet deposit - simply a gift to them for the privilege of allowing me to board my cats?
Your landlord is correct.
 
reading FL law it says that the pet deposit is suppose to be used for damages caused by the pet. This was in a booklet for older floridians but I believe it would apply to all renters.

Money Deposits Held by Landlords

Very often landlords require deposits. Some of the most common money deposits appearing in rental agreements are:

damage deposits (to be kept by the landlord in case of damage caused by the tenant to the rental unit);

security deposits (to be kept by the landlord if the tenant breaks the lease);

pet deposits (to be kept by the landlord in case the tenant's pet causes damage to the rental unit).

Here are my links I found
http://elderaffairs.state.fl.us/english/OLDER/ofhhousing.html
 

earachefl@comca

Junior Member
Thanks to both of you for your responses. BelizeBreeze, on what do you base your response? stuckinlamad, does the fact that the lease says the deposit is "non refundable" change anything? Again, I am not looking for a refund of the pet deposit - I just can't believe that it could basically be a gift to the landlord and not be used to cover any damages caused by the pets.
 
the landlord is trying to "double dip" what did they say when you called the 1-800 number I gave you. They are in Florida and can be very specific to the law on security/pet deposits. The remainder may not be refundable from the deposit but damages caused by the pet must first be taken out of the pet deposit then if there is additional costs it would be taken from the security deposit/damages deposit. That is an elder law handbook but that section should be relevent to all landlord/tenent issues from deposits. A definition of pet deposit is for possible pet damages and the reason it is charged in most cases is that the landlord is required to clean the unit because of the animals. LL should not be able to double dip into security deposit when the pet deposit is more than enough to cover the expences.
 

BelizeBreeze

Senior Member
the landlord is trying to "double dip" what did they say when you called the 1-800 number I gave you. They are in Florida and can be very specific to the law on security/pet deposits. The remainder may not be refundable from the deposit but damages caused by the pet must first be taken out of the pet deposit then if there is additional costs it would be taken from the security deposit/damages deposit. That is an elder law handbook but that section should be relevent to all landlord/tenent issues from deposits. A definition of pet deposit is for possible pet damages and the reason it is charged in most cases is that the landlord is required to clean the unit because of the animals. LL should not be able to double dip into security deposit when the pet deposit is more than enough to cover the expences.
Please post here the Florida Statute citation which supports this guess.
 
Belize if I am wrong then prove it. I posted a link that is for Florida rules for security deposits show me how I am wrong.
 

BelizeBreeze

Senior Member
Belize if I am wrong then prove it. I posted a link that is for Florida rules for security deposits show me how I am wrong.
In other words, "Well gee, it looked official so I thought I'd cut and paste..."

You're wrong. Plain and simple. If you want to play this game then prove you know what you're talking about by utilizing the link at the end of the article you posted to find the SPECIFIC statute which supports this drivel.

in other words, you can't because you have no idea of what you speak.

:rolleyes:
 

moburkes

Senior Member
I wonder if the LL meant to say "non-refundable pet FEE" vs. pet "DEPOSIT"? Wouldn't there be a difference, BB, if the wording was FEE instead?
 

BelizeBreeze

Senior Member
I wonder if the LL meant to say "non-refundable pet FEE" vs. pet "DEPOSIT"? Wouldn't there be a difference, BB, if the wording was FEE instead?
Actually, it's a matter of contract law and based on the plain language of the contract, I don't think it would make much of a difference.

Unlike another responder to this thread, I actually did read the florida statutes and they do not allow or disallow a pet deposit. In fact, there is no mention of such in the statutes. Therefore, absent statutory reference from which to ascertain the correct course of action, the lease would most likely be interpreted in it's 'plain language'.

In this case, (as others which you can research in Florida Case law) there is no example which REQUIRES the landlord to hold such deposit in the same manner and form as they are required to do with rental deposits.

The fact that the deposit is 'non-refundable' also works against its status as a controlled asset belonging to the leasee.

The reference stuckinmad provided is a phamplet from the Florida department of Agriculture and consumer affairs, NOT statutory reference.
 

demartian

Member
In the Lease

It would state in the lease if it would be used towards anything. The non-refundable deposit may be the amount of money they pay to have the place professionally cleaned so that if an allergic person rented the place next, they wouldn't have an issue.
 
Good grief. This isn't about a statute its about a definition. The definition of pet deposit is to cover damages caused by the pet. I did read the statutes. They did not specifically define what each seperate deposit was to be used for under which circumstances. Unfortunatly, neither does the lease. So it goes back to what is the states definition of pet deposit. I found a pamphlet online provided by the state that defined pet deposits as a deposit for the damage that may be caused by the pet. Which yes like MOBURKS said if the lease said pet fee would be a different definition and different guidelines. No I realize it isn't a statute which is why I recommended to the original poster to call the phone number to see if they had information I couldn't find online.


83.43 Definitions.--As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:


(11) "Deposit money" means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally.
(12) "Security deposits" means any moneys held by the landlord as security for the performance of the rental agreement, including, but not limited to, monetary damage to the landlord caused by the tenant's breach of lease prior to the expiration thereof.

a deposit is money held for a reason nothing is specifically stated for refundable/nonrefundable and also defines how a security deposit is different then a damage deposit. The wording of the lease is what comes into play. The remainder of the pet deposit is non refundable but going back to the definition of pet deposit provided by the state of florida in another publication was what I based my "guess" on.
 
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BelizeBreeze

Senior Member
I did read the statutes. They did not specifically define what each seperate deposit was to be used for under which circumstances. Unfortunatly, neither does the lease.
5. PET DEPOSIT
Tenant agrees to pay the sum of $300 non-refundable pet deposit per cat. There are two cats so the unrefundable pet deposit totals $600. No other pets are allowed other than the two cats which are already spayed or neutered.
This is something you don't and refuse to understand about the law. When the statutes are silent on the matter, when there is a lack of precident, and when the instrument itself is silent on the matter, then the issue becomes one of fact, the resolution of which requires interpretation by the court.

In the present situation, the contract is clear on one thing, that there is no refund on 'pet' deposits. It is not clear what the deposit is for. Therefore, the court cannot substitute it's own judgement for that of the parties to the contract.

In the absence of specific language to the resolution of the monies on deposit for the pet, and a lack of guidance in statutory provisions, the court is bound by the contract.

Now, you can go on arguing anything you want. But if you are advising this poster to spend a few hundred dollars, a day off from work and maybe get the landlord to return the pet deposit when the poster CLEARLY knew the deposit was non-refundable, then you are doing a disservice.

earachefl, if you want to take this to court, be my guest. You will lose but it might teach you to next time read and suggest changes to the lease when you do not understand something. All of this could have been avoided by either not signing the lease in its present form, or asking that an amendment to the lease be made to specify for what (if anything) the 'deposit' would be used.
 

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