Legal Question in Landlord & Tenant Law in California
Security Deposit Held Due to Pet
I did an inspection after the tenants moved out and realized they had a dog who scratched up 2 doors and pee'd on the carpet and couches (smells). The lease agreement states no pets, no exceptions. I want to hold the entire security deposit for breach of lease agreement. Do I have a right to do this-if so what statute can I quote when I send the final statement to the tenants? If I cannot keep the entire security deposit for breach, then what documentation do I need to provide the tenants and what do I need to do to keep as much of the security deposit as possible?
Thank you.
3 Answers from Attorneys
Re: Security Deposit Held Due to Pet
You don't need a statute to support a breach of lease allegation. You simply use the security deposit to repair and replace where necessary, and if the whole deposit is necessary, then so be it. Just provide an accounting to the tenant that itemizes the costs. If the tenants demand all or a portion of their deposit back and you refuse, then any small claims action they file against you will have a good defense. Good luck.
Re: Security Deposit Held Due to Pet
It sounds as if you are asking if you can keep the security deposit because they breached the lease by having a pet. You cannot.
You can keep the security deposit to compensate for any damage the animal did. The amount you are allowed to keep is limited by the actual damage caused by the animal. You will have to provide an accounting with receipts for the entire amount withheld. You should review Civil Code section 1950.5.
Re: Security Deposit Held Due to Pet
Cite "Civil Code Section 1950.5" which states a landlord may keep any portion of a security deposit to pay for damages done to the premises by the tenant. You are required to give detailed notice of the damages within 21 days of the tenant vacating the property. If you are still unsure, contact a landlord/tenant attorney.
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