ohiotenant said:
What is the name of your state? Ohio
Does a landlord have the right to charge a non-refundable
pet deposit as part of the rental agreement?
The answer to any question like this is Maybe. Without all the details its impossible to give an answer, since a lot of issues like this are usually in a gray area, and only a judge can decide them. For example if the non refundable fee is say $50-100 then it could be ok, but if it's say $500-1000 i cant imagine a judge letting the landlord keep that amount of money if there is minimal or no damages to the apartment. Which is what section A is saying.
And in section B you have the right to sue the landlord and make your case that the landlord has no right to keep the exorbitant non-refundable deposit.
From the Ohio code:
§ 5321.14 Unconscionable agreement.
(A) If the court as a matter of law finds a rental agreement, or any clause
thereof, to have been unconscionable at the time it was made, it may refuse to
enforce the rental agreement or it may enforce the remainder of the rental
agreement without the unconscionable clause, or it may so limit the application
of any unconscionable clause as to avoid any unconscionable result.
(B) When it is claimed or appears to the court that the rental agreement, or any
clause thereof, may be unconscionable, the parties shall be afforded a
reasonable opportunity to present evidence as to its setting, purpose, and effect
to aid the court in making the determination.
HISTORY: 135 v S 103. Eff 11-4-74
