My lease was up after 1 year, I decided to move. I still owed on my security deposit, but paid my pet deposit in full. My ex-landlord is taking me to court for the remainder of the deposit. She is also sueing me for dead grass caused by my dog. Doesnt my pet deposit cover the 5 x 5 area of grass that she claims my dog killed ?? (The girl downstairs also has a dog.)
My pet deposit was 500.00 and the secirity deposit was 950.00 which i paid 250.00 of. There was no damage done to the apt, besides normal wear and tear after living there for 1 year. She will have to shampoo the carpets and paint.
Do you think she will win in court and get this judgement against me for the remainder of the security deposit ???
Thank YouRental lease?
My opinion is that she doesn't have a case. She'll have to prove damages amounting to more than 500 for pet damages and 250 for what it'll take to get the apt. back to the condition it was when you moved out. Take pictures, take your receipts for rent and deposits paid, and remain calm and respectful in court. If what you say is accurate, I don't think you'll have a problemRental lease?
Wow, you live in an expensive area. I do think that the pet deposit should cover the area of grass, especially since there is more than one tenant in the building with a dog. As for the security deposit, I don't know. If the landlord can prove that you did enough damage that you wouldn't have gotten the security deposit back in the first place, she might win. On the other hand, if you can prove that you left the place in good enough condition that you would have had the deposit refunded anyway, you might win. I think she's going to a lot of trouble over nothing, sounds like my old landlord.
first you will need to show up in court to give your side or you will loose
a few things
1. i agree that is what a pet deposit covers damage to the lawn by the dog, is the landlord claiming more then 500 worth of damage to the yard? if not the that is what a pet deposit is for period
landlords are sometimes are not to swift, what did the landlord think the pet deposit was for?
2. suing for the remainder of the SD now that you have moved out, unless she is claiming you did more then 250 damage outside the pet damage then sue for the damage; at this point can not just sue for the SD because the tenancy is over and you moved out
3. make sure the landlord sends you an accounting of the SD to you within the time frame of your state laws, failure to do so will be in your favor in court
4. hopefully you have proof of the condition of the place when you moved out
She can sue and win for any expenses it takes to make it tenant ready again that the $250 you've already given her doesn't cover. You don't say how much your pet deposit was, but if the grass was killed you are responsible for half of it's replacement and the other tenant the other half
She has $750.00 of your money. You have a case that she owes you money.
Send her a certified letter that reads:
Dear Landlord,
Pursuant to your claim that I owe you funds for damage to property leased from __ to __ located at ___, I hereby demand receipts and support for such alleged damages. You currently are in possession of $750.00 of deposit funds on said property. Failure to provide proof of damage with supporting documentation, will result in court action to retain my deposits.
you never know in court, that's the hard part. Make sure you take picture of everything when you leave, so you can prove that you left the apartment in good shape. The landlord will likely sue for everything, since he is going that route, do don't be surprised there. Also see if you can use someone as a witness (someone that lives in the complex) attesting that your dog was docile and wouldn't do damage. I think you have a better chance if you seem organized.
I've seen many leases where the pet deposit is actually a pet ';fee'; and not refundable or to be used against damages. Double check your lease for the exact wording. Also, if you signed an agreement to pay the security deposit and you failed to then the landlord may have a case if damages exceed what you paid. What tenants see as ';normal wear and tear'; are not necessarily what the law describes.
Friday, July 16, 2010
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