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    JolieHicks's Avatar
    JolieHicks Posts: 2, Reputation: 1
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    #1

    Nov 12, 2010, 04:03 AM
    Return of pet deposit
    We paid a pet deposit when we rented a house in California. Nowhere in the lease does it state that it is a non-refundable pet deposit. I was wondering if there were any laws about it needing to state that it is a non refundable or if it doesn't then the pet deposit would have to be returned.

    We had our security deposit returned in full but now our landlord is claiming that the pet deposit was non-refundable -- which had that been in the lease or told to us, we would not have rented that house.

    What is California's position on this? I have looked on several web sites but nothing said that it is non-refundable -- just that it may be. And since it isn't on the lease as non-refundable, is it?

    Many thanks in advance,

    Jolie'
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 12, 2010, 07:48 AM

    Hello J:

    A deposit is money you give the landlord in anticipation of damage.. If there's NO damage, the deposit is returned... Fortunately, California agrees with me.

    File a case in small claims court for the deposit. It's quick, cheap and easy. California makes the landlord pay TRIPLE if they fail to return a security deposit. This is the same thing... Hopefully, you can convince the judge of that.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Nov 12, 2010, 08:37 AM

    I agree, many states actually now have laws stating deposits can not be non-refundable automatically.
    JolieHicks's Avatar
    JolieHicks Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Nov 13, 2010, 02:08 PM
    Comment on excon's post
    Can you tell me where I would find that information because we are now in New Jersey. So I will need to be able to direct our former landlady to this site.

    Thank you so much!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Nov 13, 2010, 02:23 PM

    Hello again, j:

    Try Rentlaw.com. It gives the information...

    But, your landlady knows that you have to come back to California in order to sue her... So, it probably won't matter what kind of documentation you show her, she's got you over a barrel.

    What? Is she pleading ignorance?? Yeah, right.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Nov 13, 2010, 03:36 PM
    Quote Originally Posted by excon View Post
    ... But, your landlady knows that you have to come back to California in order to sue her...
    Maybe but not necessarily.

    I would look into doing it remotely. It might be possible.
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