Legal Question in Real Estate Law in California

Pet Deposit Held w/ Claim of Damages

I travel for work w/ 2 dogs & 4 cats. I was charged $500 pet deposit. I offered pet-references; property manager (PM) declined. At the end of my 3-month term, I asked to do a walk-through. The daughter (on PM's behalf) said, ''We don't do walk-throughs.'' I said that the carpet was quite soiled (from the dogs), & any extra cleaning could be deducted from the deposit. I gave my new address to mail my refund. Otherwise it was clean (a friend helped before I moved). Several days later (now in the new town), I learned the PM refused to refund my deposit. I called her & was told the place was ''filthy,'' the ''cats scratched up the furniture,'' there was cat urine on the stairs' carpet, ''you can see where the dogs had laid,'' etc. All untrue except about the carpet. I believe that the unit looked as though 7 creatures had lived there for 3 months (it's little more than an efficiency). I did not take photos/videos. It is 9 hours back to this town. My friend is a witness; I also have letters from 2 previous landlords (a third for a phone reference); & the PM's refusing a walk-through. I have never had a pet deposit held before, & only once had a landlord decline a walk-through. Would it be worth my while to sue?


Asked on 11/23/02, 8:57 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Pet Deposit Held w/ Claim of Damages

So much depends upon the value of your own time, your willingness to go through the hassle, and the potential strengths of the property manager's counter-argument in defense, that it is impossible to give you a firm recommendation. My instincts tell me that it would turn out not be be worth your while, especially sice you admit there was some damage and at best you wouldn't get the entire $500 back.

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Answered on 11/25/02, 1:29 pm


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