Pet/Security Deposit Question

[tachfiend]

What is the name of your state? Pennsylvania

We came to agreement on the pet issue. The landlord wants a pet deposit. It is my understanding that the maximum deposit for a lease would be two months rent, regardless of whether or not it is a "security" or "pet" deposit. Am I correct with my assumption that the sum of the two deposits can not be more then sum of two months rent?

 

[Hot Topic]

The maximum charged for the security deposit can't be more than twice the amount of two month's rent. The pet deposit is a different animal.

Master of Pun Fu checking out.

 

[tachfiend]

§ 250.511a. Escrow funds limited
(a) No landlord may require a sum in excess of two months' rent to be deposited in escrow for the payment of damages to
the leasehold premises and/or default in rent thereof during the first year of any lease.

http://www.therealtygram.com/pdf%20files/Landlord%20Tenant%20Act.pdf

This is where I got my information from. It does not state Security, Pet, Cleaning etc. In my opinion, a deposit is a deposit regardless of what its for.

 

[Hot Topic]

Cleaning falls under the security deposit.

The pet deposit is considered separate from the security deposit.

 

[Alaska landlord]

Pennsylvania is a strange state. My understanding of the law there is that OB is correct. At the end of the second year the LL must also return half of her deposit if he/she charged her twice the rent. I might be off on the timing of the latter part, but I do know that there is a time limit whereby the landlord can keep twice the deposit.

 

[Alaska landlord]

Q. "pet deposit" in addition to my regular security deposit?
A. The Landlord and Tenant Act in Pennsylvania does not allow for a separate pet deposit. A pet deposit is viewed in the same manner as any security deposit and the landlord is subject to the same limitations which are described above, that is, no more than two months' security deposit may be held for the first year of the lease and, after the first year of the lease no more than one month's security deposit may be held. This includes a pet deposit.
Stephen P. Moyer, Esquire
Real Estate Attorney
http://library.findlaw.com/1999/Nov/1/127370.html

 

[ecmst12]

Which is why most places here charge either a one time, non refundable pet fee, or an additional amount of rent per month, to have a pet.

 

[CA landlord]

California Landlord

I have tenants that moved out Feb 15. I did the walk through with them and made them aware of the wooden floors that were scratched by their two dogs. I have their $1725 security deposit (rent is $1750), and also took a $75 pet deposit. I have obtained two quotes from contracted and licensed contractors that it would costs $1550-2000 to refinish and repair the floors.

My tenant is arguing that this is normal wear and tear. Obviously I can't find anything to define "normal wear and tear" can I use their security deposit to fix my floors?

I've even offered for them to find contractors themselves to obtain quotes also.

another thing, by the patio door there a floor boards that will need to be replaced. They claim it was water damage from a faulty sliding door- which they never brought up to my attention, and from my observation isn't faulty. I know for a fact they had an indoor water fountain in that corner, can I charge them for that repair also??

 

[MIRAKALES]

My tenant is arguing that this is normal wear and tear. Obviously I can't find anything to define "normal wear and tear" can I use their security deposit to fix my floors?

Issue a bill to the tenants for the current damages to the floors, including the pet scratches and water damage. If the tenants refuse to pay the damages and your lease allows for added rent charges, charge the damages as ADDED RENT. Deduct the damages from the next month’s rent. Advise tenants that the rent is deficient if not paid by a specified date. If the tenants continue to be contradictory, file a preliminary eviction Notice to Pay Rent or Quit.

File for eviction if necessary. LL does not need a tenant that knowingly causes costly property damages and denies their responsibility.

The definition of “normal wear and tear” are faded paint, worn hinges, and furniture marks in the carpet, or anything that the tenant did not directly damage. The definition of damages are markings on the paint, holes in the walls, and carpet wear patterns in high traffic areas, or any avoidable damage caused by the tenant. Hardwood floors are designed to last for a decade or more under normal household circumstances. The NBA only refinishes their hardwood surfaces once a year. It is doubtful the tenant has permission to hold basketball games in the rental! Charge them, according to the lease agreement.

 

[acmb05]

Issue a bill to the tenants for the current damages to the floors, including the pet scratches and water damage. If the tenants refuse to pay the damages and your lease allows for added rent charges, charge the damages as ADDED RENT. Deduct the damages from the next month’s rent. Advise tenants that the rent is deficient if not paid by a specified date. .

Umm it was a final walk threw there will be no next month rent.

Make a list of damages and deduct it from the security deposit.

 

[sefnfot]

In California

In California I have found out that a LL can only charge:
2X rent for unfurnished
2.5X if they add a waterbed
3X for furnished
3.5 if they add a waterbed

AND: If the lease is for 6 months or more then the LL can charge the tenant to prepay 6 months in advance!

 

[ecmst12]

Carpet wear patterns NOT normal wear and tear? In what universe? Walking on a carpet is normal use! And every house has paths that will get walked on more then others, that is ALSO normal use.