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ive been in a rental for almost 3 years. i only recently found that if your dog is a companion animal the management can't charge the 35.00 monthly fee i have been charged. i also found that they can't charge a pet deposit fee, i paid 250.00 when i moved in. Are they supposed to refund my pet deposit? or the monthly fees ive been charged? would be good to know.
i just called my management office the woman tried to tell me the refundable pet deposit would just be rolled into my security deposit, sounds wrong to me as they are two distinctly different things, pet is for pet damage only and my dog is no longer considered a pet. perhaps i need to get a letter stating that my dog was a companion animal as of 2013? im in maine by the way
Last edited by westcoastflea1; 08-25-2017 at 03:39 PM..
i only recently found that if your dog is a companion animal
the management can't charge the 35.00 monthly fee i have been charged.
i also found that they can't charge a pet deposit fee, i paid 250.00 when i moved in.
When did your pet become a "companion" animal?
Do you have objective certifications?
What were the lease terms when you moved in?
Who says they can't charge a monthly animal fee?
Quote:
i just called my management office the woman tried to tell me the refundable pet deposit
would just be rolled into my security deposit, sounds wrong to me...
At the time i didn't know that i could get a letter to have him exempted from monthly pet fees and a pet deposit, or i would have taken care of it when signing the lease. Unlike service dogs you dont need certification or training for a companion animal. if an animal is a companion animal it is illegal to charge any pet deposit or monthly pet fee, since they are not considered "pets".
Since management seems to think they can take monies given to them as a pet deposit and just roll it into the general security deposit account because he is no longer a pet seems illegal to me. the pet deposit is strictly for pet damage, management has to refund you your pet deposit even if human damage exceeds security deposit amount. And the general security deposit is what is used to cover all damages pet or otherwise.
Even if management thought there was pet damage he is no longer a pet and they have no way to say if damage was done pre or post companion status. so my feeling is that the pet deposit needs to be refunded to me. has anyone experienced anything like this?
Unlike service dogs you don't need certification or training for a companion animal.
Neat trick. I've got one of these too... or so it seems.
Quote:
...it is illegal to charge any pet deposit or monthly pet fee,
since they are not considered "pets".
By you. But what about the State of Maine?
Quote:
Even if management thought there was (animal) damage...
has anyone experienced anything like this?
Every state handles it differently...
but the common theme seems to be for LL's to refuse animals of any sort
because so many pet owners will abuse the generosity and kindness intended
and want a free pass for damages caused by their animals.
Are you on a month to month now?
If I were your landlord I'd be giving you notice.
No. You can file to not CONTINUE to pay the monthly fee. But whether it's approved or denied depends on your state laws. Have yet to hear about "companion" animals getting special treatment.
You nor the apartment complex agency knew that your animal may or may not have been exempt. That was your duty. Not theirs. They werent deceitful or negligent. You dont get money back from something they aren't at fault for.
....... if your dog is a companion animal ........
A "companion animal" is, by the very definition of the word, a pet. You don't get a price break for having pet who is your companion.
If you want to get the dog certified as an emotional support animal, you have to have your mental health professional state in writing, on his professional letterhead, that your dog is needed because you have a mental health disability.
Even if you can get that doctor's letter, your landlord does not have to refund any deposit until after you move out. If you get that letter that you need the dog because of a mental disability, the pet rent will stop, but no refunds of money already paid.
Last edited by Oldhag1; 08-27-2017 at 07:43 PM..
Reason: Fixed formatting
What OWS says .. .. Please don't try and scam the LL .. what your doing only makes it much harder for the folks who HONESTLY have need of a service dog ..
>>>>>Many people, including you, seem to be confusing an "ESA" dog with a "service" dog. An ESA dog is NOT qualified under the ADA. It is nothing more than a pet. A service dog IS qualified under the ADA and as such, performs tasks for a disabled person who is unable to perform those tasks him/herself. If you have been diagnosed with a disability and have been awarded/assigned a service dog to help you do tasks you otherwise cannot perform, then that is entirely different. So, yes, a landlord can charge you a pet deposit and any other pet-related charges that he wants to.
At the time i didn't know that i could get a letter to have him exempted from monthly pet fees and a pet deposit, or i would have taken care of it when signing the lease. Unlike service dogs you dont need certification or training for a companion animal. if an animal is a companion animal it is illegal to charge any pet deposit or monthly pet fee, since they are not considered "pets".
Oh boy, you've got a few misconceptions you need to fix, starting with the terminology you are using. A companion dog is a pet, are you discussing an emotional support dog? You still have to request your pet be considered an emotional support animal and turn in paperwork to the landlord. Until the landlord receives that paperwork he has every right to charge you the normal monthly pet fee. In other words, while you may be able to get away with paying no future monthly pet fee, what you have paid to date is gone and you are not entitled to a refund of it. The pet deposit might be a different story.
Quote:
Originally Posted by westcoastflea1
Since management seems to think they can take monies given to them as a pet deposit and just roll it into the general security deposit account because he is no longer a pet seems illegal to me. the pet deposit is strictly for pet damage, management has to refund you your pet deposit even if human damage exceeds security deposit amount. And the general security deposit is what is used to cover all damages pet or otherwise.
Oh, and out of curiosity, how do you distinguish between the two? But, putting that aside, if you or your animal causes more damage than your security deposit you can, and most often will, be sued for the extra money.
Quote:
Originally Posted by westcoastflea1
Even if management thought there was pet damage he is no longer a pet and they have no way to say if damage was done pre or post companion status. so my feeling is that the pet deposit needs to be refunded to me. has anyone experienced anything like this?
Are you under the impression that if your animal is an emotional support animal or a service animal that you are exempt from paying for any damages he does? That is a wrong assumption on your part, you will still have to pay for every penny of the damage.
Just FYI:
The landlord is not generally permitted to require a deposit for the emotional support animal, though there have been some cases where it has been permitted depending on local court rulings. Regardless, the landlord is permitted to charge reasonable fees to correct damage done by the emotional support animal once the damage has occurred.
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At the time i didn't know that i could get a letter to have him exempted from monthly pet fees and a pet deposit, or i would have taken care of it when signing the lease. Unlike service dogs you dont need certification or training for a companion animal. if an animal is a companion animal it is illegal to charge any pet deposit or monthly pet fee, since they are not considered "pets".
Since management seems to think they can take monies given to them as a pet deposit and just roll it into the general security deposit account because he is no longer a pet seems illegal to me. the pet deposit is strictly for pet damage, management has to refund you your pet deposit even if human damage exceeds security deposit amount. And the general security deposit is what is used to cover all damages pet or otherwise.
Even if management thought there was pet damage he is no longer a pet and they have no way to say if damage was done pre or post companion status. so my feeling is that the pet deposit needs to be refunded to me. has anyone experienced anything like this?
Yes. I advised someone I met in a building I rented in ( I used to be a property manager) in your situation. They need to refund your pet deposit. When the dog is considered a companion animal for a disabled person, with a reasonable accommodation (which is sounds like you got), then the animal is no longer considered an animal, but rather a medical necessity - like a wheelchair, for instance.
When my acquaintance mentioned this to our management, they had no problem with it and refunded her deposit. In your case, if you insist and they keep resisting, what I'd do is take it above their heads, if possible, to a corporate office, if there is one. And say you'll take it to small claims court, if necessary.
If you do take it to small claims court, you'll need to take your doctor's letter, proof of all payments you've made for pet fees and deposit, and I'd also turn in to the judge the laws regarding reasonable accommodations for disabled persons.
I found this publication specific to Maine, and it includes some contact info:
You should still have to have the pet trained. If your "companion" animal bites me, you best believe I will sue your ass.
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