Can my landlord keep my pet deposit even though there was no damage, if my lease did not specify whether it was refundable or not?

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Can my landlord keep my pet deposit even though there was no damage, if my lease did not specify whether it was refundable or not?

I paid a pet deposit when I moved in. My lease only says “pet deposit” and says nothing about it being non-refundable. Therefore I was under the impression that I would get it back. My dog did no damage to the apartment (landlord agrees on this). Can he legally keep my deposit?

Asked on May 2, 2012 under Real Estate Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Check local laws in the Wisconsin county in which you resided.  But generally speaking, I do not see anything in the Wisconsin law that madates it is non refundable.  So if your lease - contract - does not so state I would assume that you should get it back should the landlord give the okay that nothing was damaged.  Get that in writing please.  You may have to sue in small claims.  Good luck.


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