What to do if my landlord is withholding a $500 pet deposit which she claims was never a pet deposit but a pet fee?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my landlord is withholding a $500 pet deposit which she claims was never a pet deposit but a pet fee?
Our lease says “Pet Deposit” as does my check but because it was never held in “escrow” she says it was a fee. Is she right or am I?
Asked on January 14, 2013 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Normally, a "deposit" is an amount held which will either be returned at the end of the lease or will be applied versus any unpaid rent, damage to the apartment, etc.--that is the plain meaning of the word "deposit," which courts would generally apply if this matter came to trial. While a landlord could certain charge a non-refundable pet fee, the burden would normally be on the landlord to show that it had clearly indicated, prior to the lease being signed or fee paid, that it was nonrefundable. If the lease called this amount a "deposit" and there were nothing in it indicating it was non-refundable, then it most likely was a deposit against pet damage, refundable if there was no such damage (or other pet-related costs imposed on the landlord). While it's impossible to say definitively in advance how a court would rule, based on what you write, you would have a good chance of prevailing if this matter when to court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.