wesawitbleed
Member
What is the name of your state? Ca
we moved into a townhouse that is run by a property management. when we paid our pet deposit, move in special, and signed the lease and pet agreement the agent stated that the pet deposit is nonrefundable. in the lease and pet agreement there is nothing about it being nonrefundable. just him verbally stating it is nonrefundable. my husband had received a promotion that required us to relocate and at the time we were very desperate to find a place we could afford that would allow a great dane and that was a nice neighborhood since we have a small child. finding places were very very scarce and this place ended up being nice in the short 2 weeks we had to look. i wasn't too familiar with the civil code so i didn't say anything.
on the lease it says $1000 security deposit. nothing about the pet deposit. pet agreement does not say anything about nonrefundable pet deposit. i do have the 2 receipts:
- $1000(states "sec. dep. and move in special") $500 of this is for the dog deposit
- $300("pet deposit - cat") we paid this a week after we moved in
we have given our 30day notice required by the lease and our final date is may 31. we will have a preinspection before we move out to remedy damage, if any.
now what i would like to know, from what i understand in civil code 1950.5 any deposit, no matter how it is worded, is a security deposit and is to be returned at the end of tenancy when expenses of damage are deducted. do i have this right? even though he stated this verbally and the lease, pet agreement, and receipt say otherwise can he legally withhold all of the pet deposits if they are not used for any repairs? again, this is for california so please be specific on where you get your facts because i want to be prepared for worst case scenario. everywhere i have looked is not too specific or people write things, like on these forums, that are very confusing and seem inaccurate.
we moved into a townhouse that is run by a property management. when we paid our pet deposit, move in special, and signed the lease and pet agreement the agent stated that the pet deposit is nonrefundable. in the lease and pet agreement there is nothing about it being nonrefundable. just him verbally stating it is nonrefundable. my husband had received a promotion that required us to relocate and at the time we were very desperate to find a place we could afford that would allow a great dane and that was a nice neighborhood since we have a small child. finding places were very very scarce and this place ended up being nice in the short 2 weeks we had to look. i wasn't too familiar with the civil code so i didn't say anything.
on the lease it says $1000 security deposit. nothing about the pet deposit. pet agreement does not say anything about nonrefundable pet deposit. i do have the 2 receipts:
- $1000(states "sec. dep. and move in special") $500 of this is for the dog deposit
- $300("pet deposit - cat") we paid this a week after we moved in
we have given our 30day notice required by the lease and our final date is may 31. we will have a preinspection before we move out to remedy damage, if any.
now what i would like to know, from what i understand in civil code 1950.5 any deposit, no matter how it is worded, is a security deposit and is to be returned at the end of tenancy when expenses of damage are deducted. do i have this right? even though he stated this verbally and the lease, pet agreement, and receipt say otherwise can he legally withhold all of the pet deposits if they are not used for any repairs? again, this is for california so please be specific on where you get your facts because i want to be prepared for worst case scenario. everywhere i have looked is not too specific or people write things, like on these forums, that are very confusing and seem inaccurate.