Should a tenant pay a non-refundable pet deposit every time sign?

[Ruben Hunter]

I am taking over a property in which the current tenant has been in the property for 9 years, and here is my questions. I prefer to have a security deposit that equals one month of rent, and a non-refundable pet deposit if $350.

This tenant payed $350 for a security deposit back in 2011 and a $350 deposit for his dog the old lease doesn’t not say if it’s refundable if not. The current rent each month is $750. He is a great tenant and very easy, however I’d like to get other opinions on if I should just accept this as a security deposit and give back the $700 when he moves out. Or if I should still to my normal 1 month security deposit, meaning he would owe another 400 for the deposit. Then $350 for a pet deposit that is not refundable, really more of a fee.

Last question, do landlords usually charge a non-refundable pet deposit each year a tenant signs a new lease to help pay for damage the pet creates over that year? Or does it just carry over?

Thank you BP community!

[Jill F.]

Where are you located? The rules regarding security deposits are very dependant on you state and local government. If the pet has been in the unit for 9 years and the unit is in good condition. I would not charge an additional deposit or fee. In Ohio, the courts generally have ruled that anything called a deposit is expected to be returned and we are not permitted to hold a deposit of more than one months rent and paid utilities without paying interest on the additional deposit yearly at 5%. That is why we do a 'reservation fee' and a non-refundable 'pet fee'; fees are not expected to be returned.