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Old 03-29-2019, 01:13 PM
 
3,086 posts, read 3,805,332 times
Reputation: 2731

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Quote:
Originally Posted by Electrician4you View Post
Assuming you are added to the lease and the roommate is still named as a leasee.
Your cats are DIFFERENT cats. If I have a tenant with dog A and the roommate moves out and takes the dog the new roommate canít bring in dog B. You canít substitute dogs. Itís a different dog. I agreed to house dog A on the lease not dog B. If you want dog B you need to pay. If you have three cats and one dies you only get two cats you canít bring in cat #3. That cat isnít part of the initial agreement.
The LL is well within his rights to ask for a deposit.

Your roommate physically departed the premises. Is she STILL on the lease? Then regardless if she lives there her and her cats are legal residents. When she comes back she could move in the same place she lived as long as the lease is active. . You are additional TO the lease. The LL can ask for a additional deposit as your cats are yours . It would be no different if you were both moving in with 3 cats and two cats respectively from the beginning with the exception of the pet deposit covering 5-6 cats or whatever the amount you started with

That's not even remotely true. Unless the contract specifies "3 cats - 1 a Bengal, 1 a siamese, 1 an orange tabby" and all of a sudden you've got a Persian, the deposit on the *EXISTING LEASE* (keep in mind, this is not a new agreement) covers swapping of animals. The existing lease, which is still active from his friend, is still in effect, and that lease says 3 cats can be in the place.


This is akin to someone moving in with a 15 year old golden retriever, the retriever dies, they buy a puppy, and then trying to charge them another pet deposit for the puppy. Dafuq outta here with that. It would NEVER stand up to a court challenge.
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Old 03-29-2019, 01:29 PM
 
4,671 posts, read 3,060,560 times
Reputation: 6924
Quote:
Originally Posted by Xanathos View Post
That's not even remotely true. Unless the contract specifies "3 cats - 1 a Bengal, 1 a siamese, 1 an orange tabby" and all of a sudden you've got a Persian, the deposit on the *EXISTING LEASE* (keep in mind, this is not a new agreement) covers swapping of animals. The existing lease, which is still active from his friend, is still in effect, and that lease says 3 cats can be in the place.


This is akin to someone moving in with a 15 year old golden retriever, the retriever dies, they buy a puppy, and then trying to charge them another pet deposit for the puppy. Dafuq outta here with that. It would NEVER stand up to a court challenge.
How do you know what their lease states? Back when I had pets, most places (especially corporate owned) wanted details on each pet including breed, photos and vet records on file. So leases I had did have specific animals on the lease.

Maybe landlord should have refunded the three pet deposits to the person that moved out and had the new tenant give deposit for 2 cats. But generally you don't get deposit refunded while the lease is still active and the person that moved out is still officially on the lease so they aren't getting their deposit back until the new tenant terminates the lease and moves out. There are many reasons why this is stupid arrangement for the original tenant unless they are planning on moving back there or they worked out a deal with the new tenant to pay them the deposit. But if I have a lease and I have to move then I'll do whatever I can to terminate the lease in an agreeable fashion instead of putting a new tenant into my lease on a apartment that I don't live in anymore
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Old 03-29-2019, 02:25 PM
 
3,086 posts, read 3,805,332 times
Reputation: 2731
Quote:
Originally Posted by ryanms3030 View Post
How do you know what their lease states? Back when I had pets, most places (especially corporate owned) wanted details on each pet including breed, photos and vet records on file. So leases I had did have specific animals on the lease.

Maybe landlord should have refunded the three pet deposits to the person that moved out and had the new tenant give deposit for 2 cats. But generally you don't get deposit refunded while the lease is still active and the person that moved out is still officially on the lease so they aren't getting their deposit back until the new tenant terminates the lease and moves out. There are many reasons why this is stupid arrangement for the original tenant unless they are planning on moving back there or they worked out a deal with the new tenant to pay them the deposit. But if I have a lease and I have to move then I'll do whatever I can to terminate the lease in an agreeable fashion instead of putting a new tenant into my lease on a apartment that I don't live in anymore

Reading comprehension fails are HUGE in this thread. The original person didn't "move out". She's still on the lease, she's just working overseas for a while and fully intends on coming back in less than a year. This is a continuation of an existing lease from someone who wants to keep their physical address, not a new one.



This here is very clearly just an example of a scumbag landlord trying to extort money. Most landlords (myself included) would actually be happy to see that I came to expect 3 cats, but only saw 2, not try to use it as a way to weasel another 500 bucks out of some ******* with cats.
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Old 03-29-2019, 02:36 PM
 
4,671 posts, read 3,060,560 times
Reputation: 6924
Quote:
Originally Posted by Xanathos View Post
Reading comprehension fails are HUGE in this thread. The original person didn't "move out". She's still on the lease, she's just working overseas for a while and fully intends on coming back in less than a year. This is a continuation of an existing lease from someone who wants to keep their physical address, not a new one.



This here is very clearly just an example of a scumbag landlord trying to extort money. Most landlords (myself included) would actually be happy to see that I came to expect 3 cats, but only saw 2, not try to use it as a way to weasel another 500 bucks out of some ******* with cats.
Yes, reading comprehension fails because you are summarizing my point. Lease is still active with 3 cats and now they added 2 more cats to the lease so you that's two more deposits since the deposit for the first 3 haven't been returned. At any point the other person on the lease could return and then there are 5 cats. I don't know any landlords that would allow three pets in an apartment in the first place let alone 5.
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Old 03-29-2019, 07:40 PM
 
Location: Formerly Pleasanton Ca, now in Marietta Ga
5,047 posts, read 3,856,162 times
Reputation: 6688
Quote:
Originally Posted by ryanms3030 View Post
Yes, reading comprehension fails because you are summarizing my point. Lease is still active with 3 cats and now they added 2 more cats to the lease so you that's two more deposits since the deposit for the first 3 haven't been returned. At any point the other person on the lease could return and then there are 5 cats. I don't know any landlords that would allow three pets in an apartment in the first place let alone 5.
Exactly. The old tenant is still on lease with 3 cats and can come back at any time.
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Old 03-30-2019, 09:16 AM
 
3,086 posts, read 3,805,332 times
Reputation: 2731
Quote:
Originally Posted by ryanms3030 View Post
Yes, reading comprehension fails because you are summarizing my point. Lease is still active with 3 cats and now they added 2 more cats to the lease so you that's two more deposits since the deposit for the first 3 haven't been returned. At any point the other person on the lease could return and then there are 5 cats. I don't know any landlords that would allow three pets in an apartment in the first place let alone 5.

And when the day comes that there are 5 cats in the place, you would have an argument. However, until that day comes (and it likely never will, because my guess is the OP will move out before the person he's basically subletting from moves back in), you're just trying to twist into a pretzel coming up with ways to justify how absolutely absurd and ridiculous your argument is.


Seriously, your argument is bad, and you should feel bad for subjecting us to it. Try harder in the future to not be so bad.
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Old 04-03-2019, 12:43 AM
 
Location: Los Angeles
366 posts, read 132,820 times
Reputation: 534
Whose name is in the current lease? If it's your name then you owe them a $500 deposit. The $750 is the old roommate's money. You have no claim to their money. If it's still under the old lease then I would take them to court if they kicked you out. I actually might demand to get $250 back. And don't volunteer information. Don't tell them that there was ever 5 cats in there at once. Not sure if there was in the first place.
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Old 04-07-2019, 03:53 PM
 
17,695 posts, read 19,178,801 times
Reputation: 25853
Quote:
Originally Posted by Xanathos View Post
That's not even remotely true. Unless the contract specifies "3 cats - 1 a Bengal, 1 a siamese, 1 an orange tabby" and all of a sudden you've got a Persian, the deposit on the *EXISTING LEASE* (keep in mind, this is not a new agreement) covers swapping of animals. The existing lease, which is still active from his friend, is still in effect, and that lease says 3 cats can be in the place.


This is akin to someone moving in with a 15 year old golden retriever, the retriever dies, they buy a puppy, and then trying to charge them another pet deposit for the puppy. Dafuq outta here with that. It would NEVER stand up to a court challenge.
Yeah I’ll get right on that. I guarantee you that it will stand up in court

We all know that person is still on the lease AND their cats. That wasn’t even the issue. They are the legal occupants of the premises on paper. You are ADDING a new roommate and new cats to the existing tenant and cats. You can absolutely ask more deposit. You can’t call it non refundable pet deposit in California but you can up the security deposit as long as you don’t go over the legal limit. A new roommate added to the lease and the new cats are additional TO the existing cats and tenants. Regardless if the initial tenant and their cats are physically there or not. They don’t need to physically be there. Doesn’t matter if they live there one day out of the year as long as the rent is paid the place is theirs. You treat the lease as if the original tenant and their cats are living there.

You are clueless. Do as you please with your rentals. That’s why you list any pets by breed, name, age, physical description and pet license number. Nobody just writes in one pet with no description on a lease

Last edited by Electrician4you; 04-07-2019 at 04:11 PM..
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Old 04-08-2019, 10:51 AM
 
3,086 posts, read 3,805,332 times
Reputation: 2731
Quote:
Originally Posted by Electrician4you View Post
Yeah Iíll get right on that. I guarantee you that it will stand up in court

We all know that person is still on the lease AND their cats. That wasnít even the issue. They are the legal occupants of the premises on paper. You are ADDING a new roommate and new cats to the existing tenant and cats. You can absolutely ask more deposit. You canít call it non refundable pet deposit in California but you can up the security deposit as long as you donít go over the legal limit. A new roommate added to the lease and the new cats are additional TO the existing cats and tenants. Regardless if the initial tenant and their cats are physically there or not. They donít need to physically be there. Doesnít matter if they live there one day out of the year as long as the rent is paid the place is theirs. You treat the lease as if the original tenant and their cats are living there.

You are clueless. Do as you please with your rentals. Thatís why you list any pets by breed, name, age, physical description and pet license number. Nobody just writes in one pet with no description on a lease

So, I had lunch with one of my attorneys on Friday who's job is specifically to oversee my real estate operations, and actually asked about this (as a landlord myself, I found it interesting).


I'll spare you the long-winded explanation, but in short: You're wrong, your "argument" is BS, you have no idea what you're talking about, your argument is bad, you should feel bad, and here's your sign.


I'll take the word of a guy who makes $600 an hour to know the answers to these questions over you.
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Old Yesterday, 01:38 PM
 
Location: Living on the Coast in Oxnard CA
15,530 posts, read 26,340,440 times
Reputation: 20018
Quote:
Originally Posted by DooleyNoted View Post
My friend lived in a 2-bedroom apartment, with 3 cats. The lease requires a $250 deposit per cat.


She got a job in another country, and I got myself added to the lease as a roommate. She has some personal effects in her bedroom, which I keep closed and the rest of the apartment is mine for the duration. The plan is to move out and find my own place when she gets back in a couple of yaers.
Your friend is still on the lease. her cats, are also on the lease as pets.


She paid the $750 pet deposit when she first moved in. She took her cats with her, and the cats are no longer in the United States. She still is maintaining a lease as well as her cats.


I moved in with 3 cats. One just died, so I'm actually with two cats.



Landlord came into the apartment for the semi-annual "smoke alarm checks" and saw the litterbox.

They questioned me, and I told him yes I have two cats.

He wants me to pay a $500 pet deposit. Note, they never refunded my friend's deposit, so they already have $750 pet deposit for this unit. Why would they refund the deposit, she is still on the lease.


I told him there are only two cats living here.

His argument: "Two cats plus Three cats = Five cats"


But, I said, there are only two cats on the premises. The "three cats" he refers to aren't even in this country, let alone this aparment. Your friend is also not on the premises but is still renting the place. She keeps a room at the apartment.

"It doesn't matter. Come up with the money, or we will remove you from the apartment"


Again, they already have a pet deposit for 3 cats (The lease defines the amount of deposit per pet as $250) Three cats that are still on the lease


Do they have a legal right to make me pay for an extra deposit, without refunding my friend's pet deposit?


(I'm not talking about the security deposit. She paid a security deposit when she moved in, and I paid an additional security deposit when I moved in. I'm talking about the extra PET deposit, on top of what he already collected as a pet deposit for three cats that do not live here)


Thank you folks for listening.


Yes they have a legal right to ask for a pet deposit. Your friend has never vacated the apartment. If she were to happen to move back and you are still on site then we now have 5 cats on premises. Maybe your friend could formally give up the apartment and you can take it over.
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