Legal Question in Real Estate Law in California
Non-refundable pet deposit
Hi, we signed a lease which stated that pets would require an additional deposit, but at the time we had no pets. Several months into the lease, my roommate brought in a dog without telling the landlord. Now several months have gone by, and we just received a three day pay or quit notice stating that the landlord requires a non-refundable $500 deposit for the dog- or we have three days to vacate. I agree with a deposit - but a non-refundable deposit just sounds like a fee to me. Is this common?
2 Answers from Attorneys
Re: Non-refundable pet deposit
I've never heard of a non refundable deposit. However, there's no reason the landlord and his tenants can't contract for one. The reason for a deposit is to encourage the tenants to take good care of the property, and a 'non refundable deposit' is an oxymoron. A deposit is something that is applied to some charge and is refundable under some circumstances. It appears your room mate owes the money and not you.
Re: Non-refundable pet deposit
I have heard of non-refundable pet deposits. The reason is, besides irresponsible owners, that pest leave fur, odor, etc.
Landlords must take extra precautions against future tenants alergies, etc.
You or your roomate should have talked to the landlord before bringing in the pet.
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