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Updated over 1 year ago on . Most recent reply

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Prateek Bansal
  • Investor
  • San Diego, CA
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Security Deposit Refund dispute - Tenant running a dog Kennel

Prateek Bansal
  • Investor
  • San Diego, CA
Posted

Hi,

My tenant moved out a few weeks back and  recently I found out from the neighbors and online posting that they were running a dog kennel at my place. My rental agreement mentioned they were allowed to have only 1 pet and had following clauses that were in clear violation:

1. Tenant is not allowed to have any other pets on the Premises other than those designated above, including any pets
that are “just visiting.”
10.Tenant is responsible for and will be charged for any damage to the Premises caused by their pet(s), whether listed
above or “just visiting.” Damages include, but are not limited to, damages to floors, carpets, drapes, screens,
landscaping, fencing, including odors due to the presence of pets.

I have not taken any specific action on the above front but the dispute has come down to security deposit refund. I have to professionally clean the house, clean the carpets, repair the backyard screen doors, and perform the pet treatment to re-rent the house. However, the tenant dispute that they cleaned the house and left it at the same state during the move-in time and threatening to take this matter to court. I am not even charging for may of the other damage/repair works caused to carpet staining, backyard, landscaping that was a direct result of running a dog kennel. I do have property management representation who is currently out of country on vacation. They have been helpful but I wanted to get additional feedback from the experts here on the best steps forward here. Thanks in advance

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,068
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Ke Nan Wang:

I'm not 100% familiar with how Florida operates. Aren't these claims settled in Small Claims court? If so, it shouldn't cost the Landlord anything to show up and defend themselves.

If everything is properly documented, the risk of a Tenant suing is very small, probably 1% or less. Then the risk of losing in court is also extremely small.

Tenants threaten to sue me all the time. In 13 years with nearly 400 rentals under management, I have never been sued once. Not once. That's because every time they threaten it, I show them picture/video evidence and make it clear I am prepared to defend myself. Tenants rarely have any evidence to support their case.

  • Nathan Gesner
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