The Company we Keep

GETTING THREE BAGS FULL

It's a rare apartment dweller that has a sheep or a snake or a pig as a pet.  But, I know of a dweller up Caldecott Lane who regales us with stories of her python.  Regardless of the pets we keep, the issue of pet deposits is likely to arise.

Pet deposits has also been referred to as a "pet charge," "pet rent," or "pet fee" and impliedly pertain to covering property damage caused by our pets.

Despite the words used to characterize "pet rent," which has grown in recent months from $365 to $595, if pet rent is paid in advance of possession of your leased unit, pet rent is a refundable security deposit.

Under Cal. Civ. Code §1950.5 (a-b),

“a security deposit means any fee “imposed at the beginning of tenancy. . .used for. . .(1)[unpaid rent], (2) the repair of damages. . .(3) the cleaning of the premises upon termination of the tenancy. . .(4) . . . to restore, replace, or return personal property...if authorized [by the rental agreement].”

Civ. Code § 1950.5(l) states:

“No lease or rental agreement may contain any provision characterizing any security as ‘nonrefundable.’”  

Since “pet rent” is a security deposit, it does not expire in 12-months but should remain in the deposit fund until the termination of tenancy. 

Further, under Civ. Code § 1950.5(g)(2):

“Along with the itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises. . .” within 21-days after tenants move-out.

And under Civ. Code § 1950.5(l):

“the bad faith claim or retention by a landlord [of a security deposit] . . . may subject the landlord...to statutory damages of up to twice the security, in addition to actual damages. The court may award damages for bad faith whenever the facts warrant that award. . .”

And under Civ. Code § 1950.5(g)(1),

“(g)(1) No later than 21 calendar days after the tenant has vacated the premises. . .or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant. . . a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to the tenant.”

So, if you need to take the landlord to court, be sure to ask for TRIPLE your return for his or her BAD FAITH accounting and be sure to include "pet rent" in your calculations!

DISCLAIMER:   Legal issues are frequently complex and individual.  The information contained on this blog is not legal advice nor does it create an attorney client relationship between the viewer/reader and the writer of this blog.  For legal advice, please consult an attorney who practices landlord tenant law.