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I am trying to research if the non-refundable pet deposit paid when moving into a rental property gets applied to any pet damage when you move out? I have found information on "pet fees" "pet rent" and "pet refundable deposit" but cannot find what happens with the non-refundable deposit. Now obviously it would not be refunded but in this case I know my pet damage the carpet (I have a quote from the landlord the cost to replace the carpet in that particular location) and the non-refundable deposit would be more than enough to cover that cost, but she it charging the damage to my security deposit. Also, the damage carpet is roughly 230 sqft, she is trying to charge me to replace ALL the carpeting which is 1500 sqft. Anyone have any knowledge?
1 - At least in some states, it's been established that if they use the word deposit, it is inherently refundable even if they always called it non-refundable. In those states, there is no such thing a non-refundable deposit.
2 - A judge would have to decide whether pet specific damage can only come out of the pet deposit if it is indeed a pet deposit.
3 - Many landlords try to charge for all the carpet, but it depends on multiple things. How old is the carpet? Are you counting at least the full room where the damage is? A landlord can't use one spot of damage over there to justify charging you for ALL the carpet. That's an upgrade they are choosing to do or it's just old carpet that needed to be replaced whether or not you had damaged it, in which case they shouldn't even really be charging you for the actual damage.
I would send a letter saying since she is obviously upgrading the carpet anyway, you caused no damage that required her to do any more work to turn over the unit then she was doing anyway. By calling it a deposit, it is refundable, you expect your refund in full by a certain date (full security deposit + full pet deposit). It would be best if you went through a lawyer for this (both to double-check this is all accurate and to look more professional so she takes you seriously).
1 - At least in some states, it's been established that if they use the word deposit, it is inherently refundable even if they always called it non-refundable. In those states, there is no such thing a non-refundable deposit.
2 - A judge would have to decide whether pet specific damage can only come out of the pet deposit if it is indeed a pet deposit.
3 - Many landlords try to charge for all the carpet, but it depends on multiple things. How old is the carpet? Are you counting at least the full room where the damage is? A landlord can't use one spot of damage over there to justify charging you for ALL the carpet. That's an upgrade they are choosing to do or it's just old carpet that needed to be replaced whether or not you had damaged it, in which case they shouldn't even really be charging you for the actual damage.
-the carpet is 7 years old (house was build in 2013, I moved in 2015). Prior to moving out, knowing my pet damaged the carpet in the one room (roughly 250 sqft) the quote was $400, the move out letter I received, the cost to replace the carpet is $2100.00, this tells me it is for the entire living area of 1500 sqft.
1 - At least in some states, it's been established that if they use the word deposit, it is inherently refundable even if they always called it non-refundable. In those states, there is no such thing a non-refundable deposit.
2 - A judge would have to decide whether pet specific damage can only come out of the pet deposit if it is indeed a pet deposit.
3 - Many landlords try to charge for all the carpet, but it depends on multiple things. How old is the carpet? Are you counting at least the full room where the damage is? A landlord can't use one spot of damage over there to justify charging you for ALL the carpet. That's an upgrade they are choosing to do or it's just old carpet that needed to be replaced whether or not you had damaged it, in which case they shouldn't even really be charging you for the actual damage.
-the carpet is 7 years old (house was build in 2013, I moved in 2015). Prior to moving out, knowing my pet damaged the carpet in the one room (roughly 250 sqft) the quote was $400, the move out letter I received, the cost to replace the carpet is $2100.00, this tells me it is for the entire living area of 1500 sqft.
Thank you again!
Carpet generally has a life of 10 years in rentals. 2100-1470 (70% of the carpets life)=$630 as the most you're on the hook for anyway.
Normally, I would not advise an attorney consult since an attorney would normally cost more than move-out fees/damages, but this really seems excessive. I think you can kiss your pet fee goodbye, but the $ 2100.00 in carpet charges should be thoroughly scrutinized (by a lawyer). Plus, having an attorney just looks better and offers you better protection.
I am trying to research if the non-refundable pet deposit paid when moving into a rental property gets applied to any pet damage when you move out? I have found information on "pet fees" "pet rent" and "pet refundable deposit" but cannot find what happens with the non-refundable deposit. Now obviously it would not be refunded but in this case I know my pet damage the carpet (I have a quote from the landlord the cost to replace the carpet in that particular location) and the non-refundable deposit would be more than enough to cover that cost, but she it charging the damage to my security deposit. Also, the damage carpet is roughly 230 sqft, she is trying to charge me to replace ALL the carpeting which is 1500 sqft. Anyone have any knowledge?
Thanks!
In my state there is no nonrefundable deposit. So I simply charge a higher deposit to start of the tenant has pets. But it is all refundable.
The issue with the carpet is sometimes you simply cannot get the same carpet (color design pattern or texture) so you have to replace the whole carpet.
You need to find out how old the carpet is time span from when it was installed and the carpet is prorated. You may still be responsible to pay for the damages but it may be limited to the amount of leftover life the carpet has if it has any life. This life is based off IRS schedules for depreciation. I think 10 years is pretty much the standard.
So say the carpet cost $1000. And it’s 8 years old. Each year the carpet depreciates 10% due to use. So you’re liable for the last 20% of “life” thus $200 ( I just use $1000 as a number to make the math easy.
1 - At least in some states, it's been established that if they use the word deposit, it is inherently refundable even if they always called it non-refundable. In those states, there is no such thing a non-refundable deposit.
The only state that counts is your state, which is Kansas according to the zip code you were kind enough to put in your profile.
In Kansas there is also no such thing as a non-refundable deposit and a pet deposit is simply an additional amount of the security deposit.
Kansas statute 58-2550 explains it:
Quote:
58-2550.Security deposits; amounts; retention; return; damages for noncompliance. (a) A landlord may not demand or receive a security deposit for an unfurnished dwelling unit in an amount or value in excess of one month's periodic rent. If the rental agreement provides for the tenant to use furniture owned by the landlord, the landlord may demand and receive a security deposit not to exceed 1 1/2 months' rent, and if the rental agreement permits the tenant to keep or maintain pets in the dwelling unit, the landlord may demand and receive an additional security deposit not to exceed 1/2 of one month's rent.
Example: You rent an unfurnished unit for $1000 per month. The LL can get a security deposit of no more than $1000. If you have a pet the landlord can get an additional security deposit of $500 making your total security deposit $1500 which may be applied to all damage including pet damage.
The ensuing paragraphs of the statute address adjustment of the security deposit upon termination of tenancy.
2 - A judge would have to decide whether pet specific damage can only come out of the pet deposit if it is indeed a pet deposit.
No, he wouldn't. The statute is clear that all of the deposit applies to all the damage. Nor would it make any difference. Even if you separated the $500 out as a pet deposit you would still be responsible for the cost of any pet damage above the $500.
Quote:
Originally Posted by ddee223
To clarify some of my points:
3 - Many landlords try to charge for all the carpet, but it depends on multiple things. How old is the carpet? Are you counting at least the full room where the damage is? A landlord can't use one spot of damage over there to justify charging you for ALL the carpet. That's an upgrade they are choosing to do or it's just old carpet that needed to be replaced whether or not you had damaged it, in which case they shouldn't even really be charging you for the actual damage.
-the carpet is 7 years old (house was build in 2013, I moved in 2015). Prior to moving out, knowing my pet damaged the carpet in the one room (roughly 250 sqft) the quote was $400, the move out letter I received, the cost to replace the carpet is $2100.00, this tells me it is for the entire living area of 1500 sqft.
There is no statute regarding carpet replacement or depreciation. It's all covered in the development of common law by appellate case decisions.
The standards are:
1 - You are responsible for the damage in the room that you damaged, not the whole house.
2 - Carpet depreciates. One room of 7 year old rental carpet should only cost you 30% of the replacement cost. Stands to reason that she doesn't get paid for brand new carpet when she rented you used carpet.
If she is wrongfully keeping your security deposit you can sue her in small claims court.
Logic would say that you can't call it a deposit then add the 'non refundable' terminology after it.
It's just another way to keep additional money. It's technically a fee then and not a deposit.
I just went thru this. Called in a carpet guy, he measured the damaged area , took a carpet sample and miraculously found the brand and color. Your place is NOT that old that the carpet is not to be found thru a distributor. Yes areas can be patched to where it's not obvious. My quote came to 80 in material and another $75 in labor.
I cannot stress enough how if knowing your moving to get those big ticket items remedied BEFORE leaving. A $200 replacement would have deterred this supposed 2100$ . In your case take 200$ and get a lawyer. He can read your lease terms and give advisal. Be forewarned though....most don't want to have their time wasted . They'll usually tell you to eat the fees...
Logic would say that you can't call it a deposit then add the 'non refundable' terminology after it.
It's just another way to keep additional money. It's technically a fee then and not a deposit.
No, it's a deposit if they used the word deposit. The landlord may have meant fee, you may have thought it meant fee, you may have even agreed to it as a fee, but the law says if the landlord used the word deposit it automatically is a refundable deposit.
A pet "fee" is rent, even if it's a one time fee. It has nothing to do with pet damage nor does it absolve the renter for being fully responsible for pet damage.
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