Can a landlord use pet deposit money to pay for other tenant rental damages is the question this week for Ask Landlord Hank. Remember Hank is not an attorney and he is not offering legal advice. If you have a landlord question for him please fill out the form below.
Dear Landlord Hank,
I have a tenant that left before we did the walkthrough. The place was full of old beds, sofas, broken cabinets and wood pallets, and loads of garbage. It took multiple trips to the dump.
She is asking for her pet deposit back. However, Â it is going to cost me $1,000 just for garbage and junk removal. She paid $500 plus $100 pet fee. Can I hold her pet fee or is that only for pet damage?
-Elaine
Hi Elaine,
From your question, I am guessing you have a refundable pet deposit for any damage caused by the pet.
That is the intention for the use of these funds, for pet stains or damage to carpet or other flooring, scratches or chewing on walls, cabinets, etc., pet smells, fleas – any issues related to keeping this animal in the unit.
If you can tell that some of the damage was caused by the pet, you can keep money to take care of that issue.
If you have a pet fee then that is normally a fee paid by the tenant for the right to have the pet in the property. Normally a pet fee is nonrefundable, but your lease should describe whether you have-a refundable pet deposit or non-refundable pet fee.
I hope you are doing background screening on possible tenants to check credit, criminal history, employment history and residential history to hopefully avoid this kind of abuse in the future.
Good luck!
Sincerely,
Hank Rossi
As a child, Hank Rossi sometimes helped his father take care of the family rental-maintenance business.  In the mid-’90s he got into the rental business for himself. After he retired, he started a real-estate brokerage business with his sister that focuses on property management and leasing. Visit his website: https://rentsrq.com.
Editor’s note: Check your local laws on vehicles on rental property or other issues as many cities and states have different rules.
Ask Landlord Hank Your Question
Ask veteran landlord and property manager Hank Rossi your questions from tenant screening to leases to pets and more! He provides answers each week to landlords.
Each week I answer questions from landlords and property managers across the country in my “Dear Landlord Hank” blog in the digital magazine Rental Housing Journal.  https://rentalhousingjournal.com/asklandlordhank/
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photo credit Solovyova via istockimages
