Q: Can a pet deposit be held if there is more damage than security deposit but no damage definitively caused by a pet?
Between a 2-day notice to vacate in breach vs 30, excess power usage, and damage, there are a couple thousand dollars balance vs a $1350 security deposit. Additional pet deposit: $350 ($100 non-refundable cleaning fee). 50# dog was, for a time, being housed in the bathroom, confirmed via text. Toilet seat was excessively scratched, a low towel rod was ripped off the wall and a section of ceramic chipped off a brand new ceramic-over-steel shower pan edge below the towel rod. The other odd finding is grout in a few areas of the living room that looks like it was dug out. How can you definitely connect damage to a pet? I know I will never get the balance of the rest of the damage.
A:
In situations where damage to a property exceeds the security deposit and there's a separate pet deposit, attributing specific damages to the pet can be complex. Generally, the purpose of a pet deposit is to cover any additional costs incurred due to the pet's presence. If there is damage that is not definitively caused by the pet, such as the excess power usage or a breach in the notice period, those costs would typically be covered by the security deposit rather than the pet deposit.
To connect damage directly to a pet, documentation and evidence are key. For example, scratches on a toilet seat or damage near areas where the pet was known to be confined could suggest pet-related damage. Text messages confirming the pet's presence in specific areas, along with the nature of the damage consistent with what might be expected from a pet, can strengthen the case for using the pet deposit to cover those damages.
However, it's important to remember that landlords and property managers must provide a detailed itemization of any deductions from security or pet deposits. If the damages exceed the amounts held in deposits, pursuing the balance can be challenging, and the likelihood of recovery may vary. In your situation, focusing on clear documentation and evidence of the pet's impact might help in allocating the pet deposit towards the repair of pet-related damages.
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