Q: Can a landlord keep portion of security deposit and designate it as a pet deposit when I moved out. Never had a pet
After moving out landlord sent a claim on security deposit for a pet deposit. I have never owned a pet in home. Friends brought pet over and I pet sitted for mom for a week, but I personally never owned a pet. She admitted she came to the house several times in an email. She never ever said anything about a pet deposit while I was living there. She is not saying the home is damaged, she just wants a pet deposit after the fact. She sent me a cashiers check for a portion of my security deposit that reads "settled in full" and i am afraid to cash it being that there's $400 missing. Can she legally do this?
Lease reads "If tenants decides they would like a pet, tenants must acquire authorization from landlords and a non refundable $400 deposit is required"
A:
It sounds to me like you violated the pet policy or invoked the pet policy by having a pet in the home. Saying that it is not your pet does not get around the fact that a pet was in the home. The above being said, I do not think that the landlord can just change the way a security deposit is handled by merely sending a letter. However, I would say that you will likely need to hire a lawyer to assist you and the cost of a lawyer will exceed the missing $400.00 rather quickly. I would also venture a guess that the landlord is not agreeing to change her position and would only do so if forced to change by a legal action, which again will cost more than the $400.00 you are out.
Good luck.
A: Any changes to the lease would have to be in writing. Your landlord can't come after the fact and charge a pet deposit that was not previously agreed to. Additionally, the landlord is required to send you notice pursuant to Florida Statute, Section 83.49(3)(a) within 15 days that they intend to keep any part of your security deposit. If they failed to send such notice and simply kept the deposit money, you have a defense to them keeping anything. Your problem is going to be getting the money back. You will need to file suit against the landlord and try to recover your costs. May be more trouble than it is worth. Best of Luck! Jennifer
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