Landlord Question and Answer Forum

My tenant has moved and had a unauthorized dog in the place the last two weeks of the lease and peeded everywhere. Wondering if since we found the dog in the property asked when it would be gone and than found out that it had not been removed if I can charge a Pet Deposit fee for that dog against the Security deposit. I can't evict him hes already gone so wondering what my options are.

Jessica, consider the following: Get written proof that there was a dog on the premise in case tenant challenges charges. Next, contact someone to find out if odor can be removed or best treatment. If a company says it can remove odor, make sure you get a written guarantee. Have the unit fumigated for flees. Include the full cost of the above in your sec.dpst disbursement. If sec.dpst doesn’t cover cost, send a demand letter for the bal due.

Posted by Bob R, CA on Friday, April 20, 2012

I have already removed the carpet and sealed the floors I understand about all other billing and charges. My Question was can I charge them a Pet Deposit fee since they would have had to pay one if they had permission to have the dog in the property now that the lease is up. I have written proof from the Tenant and neighbor and my agent personally saw the dog in the property.. I just want to know if I can legally charge them the Pet Deposit fee since they had a dog in the property and would have had to pay one had they had permission to have the dog in the property. Poperty is in Colorado.

Posted by Jessica B, WA on Friday, April 20, 2012

I believe a court may have a problem with such a charge. You're probably very upset (and rightfully so), but what purpose would charging tenant a deposit fee accomplish at this point in time? I assume the purpose of the fee would be to cover damages. These damages will be included in the disbursement of sec.dpst you send tenant, right? In other words, you will have been made "whole", excluding frustration. In your next contract consider adding a statement/addendum stating that if an unauthorized pet is allowed on the property by tenant or tenants' invite, even for a moment, tenant will be charged X amount per pet per day. Exclude service animals such as Seeing Eye Dogs. Hope this helps.

Posted by Bob R, CA on Friday, April 20, 2012

Thanks for getting back to me The purpose of the charge would be that is was a requirement to have the pet in the property as they were aware of since they already had 1 dog and 1 Cat and than brought in another Dog 2 weeks prior to the end of the lease knowing that it was not potty trained. Really now not doing it out of being mad just looking at the fact of of what the Pet Deposits purpose is for to take care of any damages made to property and in this case the last dog did number on the place and I did not have a Pet deposit to cover those damages. He admitted to me that the dog has had accidents on the carpet. Not trying to charge it out of spite. Just looking at legally he should have paid me a Pet Depsoit and he was well aware of this.

Posted by Jessica B, WA on Friday, April 20, 2012

The tenant has already moved, correct? If the tenant was still renting from you, I would agree that asking for additional deposit would be in order. However, this is not the case. Your statement “the Pet Deposits purpose is for to take care of any damages made to property” is clear. Isn’t this what the security deposit is going to take care of? If it doesn’t, demand payment for the difference of total cost making the unit “whole” less sec.dpst. Is this any different than asking for a pet deposit to cover damages? In other words, it doesn't matter at this point (since tenant has moved) what you call the $$$$ you receive. It's still $$$$$ to cover damages. Does this make sense?

Posted by Bob R, CA on Friday, April 20, 2012

I went through the same thing with a pet cat that moved in the last month of the lease and was not litter box trained, scratched walls, shredded drapes, etc. I charged the pet deposit AND repair fees against the security deposit, and after some complaining from the tenants, they understood. It is very important to note that my attorney advised that IF they would have pursued the matter, that in IL a judge would have most likely had me return the pet deposit and only charged for the damage. If I would have found the pet during the lease myself and they would've continued, I would have made signing a Pet Waiver with Fee mandatory. It would then be a 10 Day Notice of Lease Violation and I could've had them relocate for violating the lease. Good Luck!

Posted by John A, IL on Saturday, April 21, 2012