Landlord is charging me $1061.39 for damages upon moving out.

[animallover0309]

Landlord is charging me $1061.39 for damages upon moving out. She is deducting the $500 security deposit I paid, making it a new charge of $561.39. There is an outline stating the charges and the reasons, several of which are due to pet damage. I also paid a $500 non-refundable pet fee for my 3 cats upon moving in. In the lease it states that “all monies received for late fees, deposits, credit check, etc, are considered rent charges for use of the property. Owner may recover from Resident any costs incurred not covered by this fee.” What I am disputing is the fact that they didn’t apply the $500 pet fee to my damages fee of $1061.39, and based on their rental agreement I believe the pet fee could be applied as well, especially because of the last sentence that was quoted above. Based on the rents agreement, my understanding is that I owe them $61.39, after both the security deposit and pet fee is deducted accordingly. Do I have a case if I decide to take this to small claims court?

 

[Dandy Don]

No, you do not. The word non-refundable means exactly that. Sorry.

 

[TigerD]

A fee is not a deposit. That is the money you paid for the privilege of have pets.

You owe $561.39, based on the information you provided. Things could change if, for example , we knew what state you were in or if local laws might impact you. That said, it is generally a bad idea for the debtor to sue. It doesn't usually work out in their favor.

TD

 

[Zigner]

What US state? (It does make a difference).

 

[Gail in Georgia]

As previous mentioned, a DEPOSIT implies something that can be refunded (in the instance of a lease)..such as a security deposit (IF there is no damage above normal wear and tear at move out). A FEE for pets is for the landlord allowing the tenant to have such and nothing more. It does not count toward damages that are found at move out. And, again, we wait information on the state this took place in.

Gail

 

[animallover0309]

This took place in the State of Washington.

 

[animallover0309]

I understand the $500 cat fee is non-refundable. Where my confusion comes in is with the wording in the lease outlined specifically for the $500 cat fee.

“All monies received for late fees, deposits, credit check, etc, are considered rent charges for use of the property. Owner may recover from Resident any costs incurred not covered by this fee.”

The last sentence stipulates that any costs incurred not covered by this fee ($500 cat fee), will be recovered from the Resident by the Owner. And according to their summary of remaining charges, I owe $1061.39, aside from the application of the $500 security deposit.