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Is my pet deposit refundable? — Brooklynian

Is my pet deposit refundable?

racingmonkey
racingmonkey
edited November -1 in Park Slope
I am on a month to month lease after the initial year lease expired. The initial lease does not state one way or the other if it is refundable. There is no pet damage. The deposit was one month rent in addition to the one month rent for the security deposit. Can my landlord keep this? Thanks.

Comments

  • daver
    daver
    If it is listed as a "deposit" and does not state that it is non-refundable, then the landlord must show cause for keeping it. One month rent for a pet deposit seems pretty damn high, FWIW.
  • bohuma
    bohuma
    It's not on the lease? That's a pity. Do you have any documentation that says "pet deposit" rather than "pet fee"? Did you use a broker who documented that this was a deposit rather than a fee? If you have a reputable landlord (don't laugh there are some), documentation won't be an issue, they'll refund it, provided you're both clear it was a deposit and not a fee. If there is no documentation and your landlord is an a-hole, you'll be out a month's rent.
  • racingmonkey
    racingmonkey
    This is what it says: The tenant agrees to an additional security deposit in the amount of one month rent to cover potential damage by pet (s) guaranteeing that the walls and floors will be left clean and in good condition, subject to ordinary wear and tear.

    It just doesn't specifically say that it is refundable or non refundable. There is no pet damage to walls or floors.
  • daver
    daver
    racingmonkey wrote: This is what it says: The tenant agrees to an additional security deposit in the amount of one month rent to cover potential damage by pet (s) guaranteeing that the walls and floors will be left clean and in good condition, subject to ordinary wear and tear.

    It just doesn't specifically say that it is refundable or non refundable. There is no pet damage to walls or floors.
    That is refundable, it is specifically listed as a security deposit.
  • bullyboy
    bullyboy
    Sounds refundable to me.
  • racingmonkey
    racingmonkey
    Great, Thanks. My landlord is notorious for trying to get out of paying things. I want to be prepared when I give my notice.
  • garfunky
    garfunky
    daver wrote: If it is listed as a "deposit" and does not state that it is non-refundable, then the landlord must show cause for keeping it. One month rent for a pet deposit seems pretty damn high, FWIW.
    i know of a luxury apt in the city that allowed dogs.
    The dog in question was apparently allowed to urinate on the same doorpost for YEARS. The floor turned black thru the poly finish, and the apt stank. and that dog wasnt a chewer or scratcher !

    1 month extra security is actually quite common in Manhattan .
    Around here it generally more cut and dry
    either
    "NO FW"
    or yeah sure i dont care if you have 4 bull mastiffs.

    at OP,
    in general it should be a refundable thing pending "no damage".
  • daver
    daver
    Garfunky wrote: [quote=daver]If it is listed as a "deposit" and does not state that it is non-refundable, then the landlord must show cause for keeping it. One month rent for a pet deposit seems pretty damn high, FWIW.
    i know of a luxury apt in the city that allowed dogs.
    The dog in question was apparently allowed to urinate on the same doorpost for YEARS. The floor turned black thru the poly finish, and the apt stank. and that dog wasnt a chewer or scratcher !

    1 month extra security is actually quite common in Manhattan .
    OK, I haven't seen one month security before, but then I haven't rented an apartment in Manhattan either.
  • nykittyny
    nykittyny
    From a broker:

    Pet deposits are nearly always equal to one month's rent, even in Park Slope. I have seen them equal 2 months rent for a family that had multiple dogs. If a pet damages hardwood flooring, the costs to repair it usually exceed the deposit.

    The very word "deposit" implies that its refundable, provided there is no damage.
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