Lease ends, tenant moves out, and then you learn that they broke the No Pet Rule. What do you do?

Question

Would you keep a "Pet Fee" out of the security deposit?  In this instance I am holding 1.5 months deposit ($1,725).  Otherwise the tenants were perfectly pleasant.  So what do you think is fair in this instance? We're replacing the carpet- not necessarily due to the cat but it is a factor.  Thanks!

Andrew S. · Answer

I agree wit the others - "punitive damages" are not going to work here.  Can you even prove that they had a cat living there?  If you just see some cat hair, standard excuse will be that the animal was a short term guest.  I don't think you'll have an easy time recovering anything if they challenge you unless the lease specifically identifies monetary penalties for violating the rule - and even then it will be hard to convince a judge.  I'd say, simply move on.

David Roberts · Answer

Say there never was an animal there, were you going to replace the carpet anyway? If yes, or even if you would be 'on the fence' on replacing the carpet, and they were good tenants otherwise, let it go.  Add them to your future prospect list and keep the good rapport with them.

That's just my opinion.

Charlie B. · Answer

Thanks for the advice guys!

Linval T. · Answer

Frankly, if there is no significant damage associated with the cat, then, there is nothing to haggle about or risk losing more money and time in court.

I imagine you would have absorbed the repairs caused by wear and tear over the time they inhabited the house.

The overall consensus in this thread is that you should just let it slide and move on to more important things. They have been good paying tenants and you are indeed thankful for their contributions.

Joel Owens · Answer

You would have to prove damages occurred with the pet above "normal wear and tear" to the unit in court.

The tenants may or may not fight for full return of the security deposit. There are specific rules for return of deposits and notices that vary by area.

If you are unfamiliar with these rules and need guidance an eviction attorney might be good to call or take them out to a free dinner or lunch to get info. Sometimes if they are nice on the phone to you offering a gift card to their favorite restaurant is appreciated.

No legal advice given.

Jon Holdman · Answer

Well, the question when you take deductions out of their deposit is what will a judge rule if they fight you.  The penalties for improper deductions are double or triple in some areas.  IDK what they are in yours.  If there's $1700 on the line, I'd make a call to my attorney and get their advice.

But, what would I do?  Probably nothing.  If I had to make repairs caused by the cat, or do cleaning or pest removal, I would charge them for that.  But if the cat caused no damage I wouldn't charge anything because I don't think it would stand up.

Carpets are similar.  I've been told that judges here won't allow any deductions for carpets that are more than three years old.  Even this IRS thinks flooring only lasts five years.  So, if someone moved in and there were brand new carpets, and they moved out after three years and left the carpets trashed, it would be my problem.

Charlie B. · Answer

@Jon Holdman

Thanks Jon. I agree loss of the entire deposit is unjustified.  I guess I'm looking for advice on what people think is fair to charge.  We did have it professionally cleaned, but that was not entirely due to the cat.  It was needed anyways.

Our lease specifically states No Pets Allowed, but does not say the penalty for breaking the rule.  Were they still living there they would be in default and at risk of being evicted.  Since it was discovered after they moved, my question is what to do now?  Thanks again!

Jon Holdman · Answer

Does your lease have a penalty for pets?  Was there damage?  Did you professionally clean the place to remove the pet smell or whatever?  You may have a hard time making a 1.5 month penalty stick if that's not explicitly in the lease.  If you had costs specifically related to the cat, then deducting for those costs should be fine.

Lease ends, tenant moves out, and then you learn that they broke the No Pet Rule. What do you do?

Most Popular Reply