Can non-pet related damages be deducted from a pet deposit? Let's say a hole in the wall or something random like that. If no damage was caused by the pet and it is provable that it was not the pet.

Pet deposits? Aren't you supposed to clean those up? :D

What does the lease say on the subject? It usually contains that answer.

Haha funny!!!

Well, no, the lease doesn't contain CA Landlord/Tenant Law. Some leases say certain deposits are non-refundable but in fact they are all refundable, even if only partially due to necessary repairs. So the lease can say whatever they want it to say, it doesn't make it legal.

I'm just trying to find out whether the two separate deposits - the security deposit and the pet deposit - can be used interchangeably.

I probably won't find the answer here, though. But I thought I'd ask in case someone could point me to the right information.

Most pet deposits are non refundable.

I wish I had charged one, as my tenants "pet" caused thousands of dollars in damages. $2,600 in carpets, it ate a door:eek:. It destroyed the landscaping and fences.

What kind of people keep hound dogs in the house?

Their kids did more damage than their dogs. :mad:

Look at your local landlord tenant laws. What county? I will provide a link.

That's too bad that kind of damage occurred and that they kept the dogs inside. Bad pet parents.

No kind of deposits are ever non-refundable even if stated in the lease it is against the law in California.

Thanks for the offer for help but considering your misunderstanding of CA law regarding deposits I will pass on your offer.

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Straight from the Governor, page 23 in the PDF file which is page 33/120 in the document it states that when the tenancy ends the landlord must return to you ANY payment that is a security deposit unless the landlord properly uses the deposit for a lawful purpose (there are VERY specific guidelines for what they can and cannot use the deposit for)

The security deposit may be called "last month's rent" "security deposit" "pet deposit" "key fee" "cleaning fee"... no matter what the fees are called the law considers them all to be part of the security deposit.

The ONLY exception to this rule is the application screening fee which is non-refundable. That is all.

This can be found in Civil Code Section 1950.5(m)

I am not here to debate the legality of pet deposits and their status as refundable or non-refundable. They are NEVER non-refundable.

Let me rephrase my question.

If my security deposit for the apartment is $500 and the pet deposit is $300, that's $800 total deposit. Let's say they have to do $200 in repairs and cleaning since I'm not hiring my own cleaners. That $200 is deducted from the $800 and leaves me with $600 total that I will get back.

I was wondering originally if the damage goes beyond the original deposit of $500 but is not pet related, if they can deduct some from the pet deposit to cover it. But it appears they can.

I just answered my own question though. Since all deposits are considered part of the security deposit they are interchangeable and just grouped as one.

If you are a landlord and you are in CA and your "pet deposits" are non-refundable, you are breaking the law. Someone will sue you, no doubt. Good luck with that...

That's too bad that kind of damage occurred and that they kept the dogs inside. Bad pet parents.

No kind of deposits are ever non-refundable even if stated in the lease it is against the law in California.

Thanks for the offer for help but considering your misunderstanding of CA law regarding deposits I will pass on your offer.

All states (as well as counties within the state) can have different laws. I lived in CA for 35 years, and am quite familiar with the landlord tenant laws. They are all different.

All the landlord has to do is to walk through the place with a black light, and see the urine spots. No more deposit. Same with a flea infestation.

Good luck.:rolleyes:

Notice
The opinions expressed in this booklet are those of the authors and should not be construed
as representing the opinions or policy of any official or agency of the State of California. While this
publication is designed to provide accurate and current information about the law, readers should
consult an attorney or other expert for advice in particular cases, and should also read the relevant
statutes and court decisions when relying on cited material.

If you were familiar with the laws you'd know that it's illegal for a contact to state that deposits of any kind are non-refundable. You'd understand what that means. It's clear you do not.

I do not have urine stains in my apartment nor do I have any flea infestations. And if I did, then they could deduct a reasonable amount from the deposit to cover the costs to fix it but within 21 days of my move out date they would be required to send me an itemized statement of such services including a lot of detailed information.

Doesn't matter how long you've "lived in CA" that doesn't make you an expert on the laws. Read the Civil Code and then get back to me on that one.

It seems you are not familiar with the laws if you do not understand what "non-refundable" means as opposed to "lawful deductions."

Why do I keep coming back to this forum when everyone is clueless to start with, I will never know. I think I'm leaving now.

All the landlord has to do is to walk through the place with a black light, and see the urine spots. No more deposit. Same with a flea infestation.

Good luck.:rolleyes:

To correct you one more time on this matter - no, that doesn't mean "no more deposit" it means that the landlord can deduct only the amount necessary to hire a cleaning agency or have their own maintenance personnel clean/fix the problem.

If your deposit is $800 and the only problem the landlord has to deal with is a flea infestation - that can be taken care of for less than $40. I've done it before many times for other people. Let's high ball it and say they hire someone to take care of it for $100. That is only $100 deducted from your deposit.

That is NOT "no more deposit." That is "landlord deducts $100 from deposit leaving you with $700"

You're severely misguided.

Your quote from the pamphlet is also irrelevant. I wasn't referring to anyone's opinion stated in there. I was referring to ACTUAL CALIFORNIA STATE LAW and CIVIL CODE and I gave you the specific Civil Code to look up. You can look at that PDF file and say oh, well, gee this is just someone's opinion but the fact of the matter is THERE ARE SPECIFIC LAWS THAT STATE THAT NO DEPOSIT IS EVER NON-REFUNDABLE. You'd have to be pretty damn dense to not understand that its a LAW a fact, and NOT an opinion or interpretation.

You're confusing "non-refundable" with "lawful deduction" and I suggest you refrain from advising anyone else on this website before you do serious damage.

No one will ever get anywhere with their needs if people like you keep giving them wrong information. This entire site is completely bunk!!!!!!

I see you have an anger problem. Sorry for setting you off.:(

You asked a question.

I offered to answer it with county specific law.

You found a booklet you want to believe.

End of story.

Have a nice day. :)

Oh no I don't have an anger problem. I have a problem with ignorance, and you keep thinking I'm quoting a booklet but I'm quoting actual CA state law, not an opinion. What is your problem? Why is everyone on this board so ill informed??????!!!!!

CALIFORNIA CIVIL CODE SECTION 1950.5(M) STATES:


"(m) No lease or rental agreement may contain any provision characterizing any security as "nonrefundable."

I'm arguing with the actual CIVIL CODE not an opinion, and you're still telling me I'm believing a fairytale?

My God, you are seriously SERIOUSLY MISGUIDED!!!!!!

http://www.leginfo.ca.gov/calaw.html

GO there and look it up for yourself!!!!!! THAT IS ACTUAL LAW NOT AN OPINION!!!!!

You also didn't understand my question. I already KNOW that security deposits are never non-refundable. My question has NOTHING to do with refunding security deposits, NOTHING. You keep getting stuck on false ideas here. You're answering a question I'm not even asking. Jesus Christ no wonder there are so many bad reviews for this site from REAL legal help boards.

County laws cannot violate state laws. Just an FYI. Even if every county in CA had a so-called "law" that violated the Civil Code, within 2 weeks it would be up for review by the people.

If any county in CA has a law that says any kind of security deposit is non-refundable, they are breaking state law SPECIFICALLY the civil code I quoted above, and they are in violation of the law.