I recently move out of an apt and after a week received a letter in the mail notifying me that I would be receiving a portion of my deposit back within 30 days. Then about a week later I received another letter looking the same except now saying that in addition to keeping my deposit I now owe them about $120. I havent yet received an itemized list of the expenses however I know of only one 2 things that were wrong when I left: The metal grease catchers that sit under the stove top that cost about $5 each and the 2nd was a section of the vinyl floor in the kitchen that was pulled up by my puppy. When I got my dog the apt complex had me pay a nonrefundable pet deposit of $300, which I knew from the beginning I wouldn’t get back. Since then, however, the apartment complex has come under new management. The problem with the new management is they are now trying to say it was a pet fee and not a deposit. The lady in the office told me that it was a fee simply to keep a pet in the apartment. I disputed her statement and we pulled out the lease and it says “the lesee is required to pay a one time non-refundable pet fee and deposit.” She then said “We didn’t make you pay the pet deposit it was just the pet fee.” On top of that she said they had no record that I even paid the $300 to begin with. Of course I had my bank pull my records and the copy of the actual check which also says “Pet Deposit” on the memo line.
The office has also on 3 different occasions messed up on my billing and told me I owed them money or was delinquent on my rent when I had paid and every time has realized the mistake when I pointed it out. What is the best way for me to handle this situation, when I am dealing with different people who inherited and interpret the lease differently than the previous management and have sloppy at best record keeping?
IMO just pay the $120 and be done with it. In the long run it will be worth it to not have the aggravation associated with the dispute. If you fight them, be prepared to bend over and grab your ankles because in the long run it will probably cost you more at least in time if not money.
I don’t get your whole point about whether its a pet fee or a non-refundable deposit. What is the difference. In the end, you still are out the $300. I am sure its doesn’t exempt you from paying for damages caused by your pet. Its probably more of an effort by the complex to recoup some cost. Most times an apartment will be treated for fleas etc if a pet was in the apartment, regardless if your dogs actually had fleas or not. Also, it probably is to offset the losses that they may have had with other pets. It would be easy to have a pet really damage a place. Not everybody will pay for the damages, so the apartment will many times spread the potential risk out by hitting you with the non refundable deposit / fee.
The damage was much less than $300. I went to Home Depot and got a quote on the floor when it happened and the entire floor could be replaced for $100. I am just hesitant to pay them anything yet not knowing how much they are charging me and for what, especially from their previous record.
The difference you are asking about of a pet fee and deposit is the deposit would cover the cost of the damages and even have some left over. A pet fee they say wouldn’t.
If its non-refundable, how is it a deposit? Sounds like a fee.
I agree that they should give you an itemized list. But just because home depot says it $100 doesn’t mean the complex will agree. Don’t forget labor generally costs more than materials.
Bottom line is its not a huge amount. If you get in a pissing contest with them, they can make your life miserable. What if they report you as a bad debt on your credit reports? Then everytime you try to rent a new apartment, the new landlord gives you shit, or even refuses to rent to you. Is it worth $120 to have to deal with that shit for 7 years?
He should just submit to the shakedown, huh?
I hear what you’re saying, and you’re probably right . . . but that’s really galling.
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“If its non-refundable, how is it a deposit? Sounds like a fee.”
I have seen a couple of apartments in austin that require a nonrefundable pet deposit, although I see your point, I suppose the apartments are just trying to make it sound more palitable to the renter.
He should just submit to the shakedown, huh?
I hear what you’re saying, and you’re probably right . . . but that’s really galling.
Oh, I am not saying its right or that its easy to do. But in the end it goes to my philosophy of picking your battles wisely. This is a battle that will be extremely difficult to win. Winning does not provide much gain while losing could provide mucho grief for an extended period of time.
After being married several times over a the last 25 years, this is a lesson I have learned the hard way. In the end, if you learn to swallow your pride from time to time and look at things from this point of view, you will live a far more peaceful life.
I dont know about your state laws, but oregon and idaho an itemized statement was required.
You should probably just let this go. If you fight, it will cost you more than its worth. OR if you think you have a decent case, just tell them you wont pay the $120. They must take you to court to get it (which they wont do). Then you can counter and get your legal fees covered.
I learned this lesson a long time ago. Now, when moving in, I take pictures and make sure the landlord watches. Then tell them what you are going to do with them which is: develop them with two copies. You will them certify mail one set to yourself. When you get it, don’t open it just file them away. That way they are date stamped and if there is any dispute, you can open the pics infront of a judge. But you will have a set that you and the landlord can look at prior to going to court. Make sure the landlord knows you are doing this.
Here is where you can get a bit slimy if you want. When you are moving out, take pics again. Dont forget to remove any date stamps on the pics! If there is a dispute, you can show the landlord the pics you just took. They will assume that is what is in the sealed envelope too. I have never done that. But I would if I needed to. I take good care of my apartments, I just don’t want to be screwed again.
Since doing this, I have never had a landlord challenge me. I alway get all my money back quickly. I think they know that I am more prepared for court than they are. If they are a good landlord, there is nothing to fear. If they are bad, I will do everything I can to win.
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How much was your total deposit?
As a landlord I used to charge a non-refundable pet deposit specifically for cleaning. But wait, you said that your puppy also pulled up part of the vinyl floor? I saw someone said it was a $100 to replace that and if so I’d love to get that contractor’s name. I need some work done. I bet it would cost a few hundred dollars to replace the floor when all is said and done and I wouldn’t have used the pet deposit for that cost.
IMO they owe you an itemized list of the damages. See what they say and be very nice and polite with them. Try to get back as much as you can but there isn’t a whole lot you can do. Either way I wouldn’t send them another check if it were me though.
happily pay the $120
wait a couple of weeks and lob a few bricks thru the windows…
that should even it up…
Im just saying…
total deposits were $400($100 regular + $300 pet) total damages and cleaning = $217. Basically its not so much the damages I am disputing its weather the pet deposit is indeed a deposit in which case it would more than cover the cost or a fee like they are now trying to say I have to pay an additional $117 for. When I spoke to one of the people in the office she was trying to change what the previous owners said and is reading the lease differently than the company that owned it before. Its not worth it to go to court over it but I had a problem with a landlord before trying to charge me painting costs when the lease specifically said it would be repainted when I moved out if it had been more than 2 years since its last painting. Had another land lord who when I was in an apt with 2 other roommates automatically take 1/3 of my deposit for the common areas and 1/2 for the bathroom I shared and 1/2 for the bedroom I was staying in even though the apt was still being occupied by the other 2 roommates for another year. At the point the other 2 roommates moved out they got their full deposits back since there was no damage and the place was clean but I didnt get the portion she deducted back. So having been through similiar games before I dont want be so quick to just hand over even more money without good reason. Funny thing I noticed was there was no due date listed on the bill.
If the fee/deposit portion of your lease is as vague as you describe, it’s probably not binding. If the lease doesn’t state the amounts, how can they prove what’s a fee and what’s a deposit? If it did go to court, I can’t see them winning since you’ve given them more than enough to cover the cleaning and damage. I’d demand to see a piece of paper specifically stating how much I paid as a fee and how much was a deposit as well as an itemized bill for cleaning and damages. It sounds like they have the latter but not the former.
They’re blowing smoke; I’d blow it right back at 'em.
They gave me a piece of paper with all my fees and deposits paid and it includes the $17/month pet rent I paid as well, however no $300 of any sort is on there even though I have records that they did deposit it at the bank.
*They gave me a piece of paper with all my fees and deposits paid and it includes the $17/month pet rent I paid as well, however no $300 of any sort is on there even though I have records that they did deposit it at the bank. *
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It sounds like the previous owner took the deposits with them and the new people don’t have a pool of money to do the repairs. My response would be to draft a letter to them and certify delivery. The letter would list the fees that I had paid. I would point out that there was a $300 payment for a pet deposit that was non-refundable but was to be held against future repairs. Then I’d tell them that since the cost of repairs didn’t exceed the amount of the deposit, I won’t be sending any more money. It wouldn’t hurt to include copies of the documentation that you have of the $300 dollar payment.
Most of the time they just want money and when they figure out that they aren’t getting it, they drop it. Unless they have records that they aren’t showing you, they have nothing for court or to mess up your credit. It’s pretty difficult to get money from people after they vacate your property, that’s why landlords collect fees and deposits in advance.
Good luck with it. If it was me, I’d fight them over $10 much less $117. But maybe that’s why I’m broke and nobody likes me.
- rental laws are different everywhere, both in what is permitted and in what recourse tenants have. if your laws have no teeth, you won’t have much luck. you’d think this was all covered by the 7th amendment, but it could wind up being a real hassle.
- do you already have a new place? i remember reading an article about NYC that had housing advocates saying that once you’re in court for this sort of stuff, no one’s going to rent to you again. if it’s more of a tenant’s market, that’s not as big a deal.
but don’t just hand over the money.
i say send a certified letter requesting a meeting with them. make sure you’re meeting with someone who has the authority to actually make decisions. surrendinger a deposit is one thing, actually writing a check? that’s crazy.