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Landlord wont return security deposit because of pet

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indiu

Junior Member
What is the name of your state (only U.S. law)? Indiana
I signed a one year lease in Feb of 2011 and moved out June 24 2014. Lease was never renewed and went month to month and was only asked that I give him a 30 day notice when I planned to move, which I gave him.

There is a line in the lease that states: PETS: Animals, birds, or pets of any kind shall not be permitted inside the residential unit at any time unless prior written approval of Management has been obtained

I told landlord that I was wanting to get a cat and he replied that he did not have an issue with one cat. then he proceeded to tell me that his tenant prior to me had several dogs that actually did cause damage and bad odors (which was true because he had to replace all carpets due to the smell). So he had no problem with a cat but insisted on NO dogs.

I cleaned the place, etc.. and moved.

Today, Aug 5, 2014 I inquired as to when I might be receiving my deposit and he informed me that I breached the lease by having a cat and I would not be receiving my deposit back. And stated that he had to replace a portion of the carpet because the cat sprayed on it and he is thinking of charging me for the carpet replacement.
I replied back stating that he verbally gave me permission of the cat just as long as I didn't have any Dogs and that my cat never sprayed.
To which he never replied back.

Do I have any grounds to seek my deposit back through small claims at all?

And to the issue of the cat spraying...I never had litter box on or near carpet. Besides that I have a declawed and fixed FEMALE cat. Females don't spray.
Also I took pictures of condition of the house as I moved out...there are no signs of soiled carpets, etc...

Thank you for your time.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Indiana
I signed a one year lease in Feb of 2011 and moved out June 24 2014. Lease was never renewed and went month to month and was only asked that I give him a 30 day notice when I planned to move, which I gave him.

There is a line in the lease that states: PETS: Animals, birds, or pets of any kind shall not be permitted inside the residential unit at any time unless prior written approval of Management has been obtained

I told landlord that I was wanting to get a cat and he replied that he did not have an issue with one cat. then he proceeded to tell me that his tenant prior to me had several dogs that actually did cause damage and bad odors (which was true because he had to replace all carpets due to the smell). So he had no problem with a cat but insisted on NO dogs.

I cleaned the place, etc.. and moved.

Today, Aug 5, 2014 I inquired as to when I might be receiving my deposit and he informed me that I breached the lease by having a cat and I would not be receiving my deposit back. And stated that he had to replace a portion of the carpet because the cat sprayed on it and he is thinking of charging me for the carpet replacement.
I replied back stating that he verbally gave me permission of the cat just as long as I didn't have any Dogs and that my cat never sprayed.
To which he never replied back.

Do I have any grounds to seek my deposit back through small claims at all?

And to the issue of the cat spraying...I never had litter box on or near carpet. Besides that I have a declawed and fixed FEMALE cat. Females don't spray.
Also I took pictures of condition of the house as I moved out...there are no signs of soiled carpets, etc...

Thank you for your time.
Thinking about getting a cat is different than actually getting one. And your lease required WRITTEN approval. Which you did not receive. Hence, you were in the wrong.
 

Zigner

Senior Member, Non-Attorney
With that said: The landlord would only be entitled to the depreciated value of the carpet. If the carpet was new when you moved in, then you would only be liable for 30%-50% (based on an expected life-span of carpet of 5-7 years) of the replacement cost. The LL can't just arbitrarily keep your entire deposit based on you having a cat in violation of the lease.
 

indiu

Junior Member
Thats interesting....I am trying to determine if I should chance this in a small claims court.....
I had an opportunity to talk with the new tenants and they tell me that the carpet is not new.
 

Zigner

Senior Member, Non-Attorney
Thats interesting....I am trying to determine if I should chance this in a small claims court.....
I had an opportunity to talk with the new tenants and they tell me that the carpet is not new.
If they will testify to that, or even submit a notarized affidavit to that effect (yes, it's not usually admissible, but SCC can be lax) then it will help.
 

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