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NonnaX · Nov 16, 2013, 10:45 PM

I paid a non refundable pet deposit in NV. The landlord is claiming $250.00 in pet damage and taking from the security deposit. Can they do that?

joypulv · Nov 17, 2013, 03:19 AM

Yes. Apparently the pet damage was greater than the pet deposit.
Landlords need to provide receipts that show work done to repair damage, however, and since the $250 is beyond the pet deposit amount, he needs to show receipts for the full amount of both. I assume that this involves urine soaked flooring, which is expensive to fix. The urine gets into the wood subfloor, not just whatever is covering it.

ScottGem · Nov 17, 2013, 03:28 AM

A deposit is to protect the landlord from damages, it doesn't limit your liability to the amount of the damages. If the damages are greater than the amount of the deposit, then, of course, the landlord is entitled to deduct from the security deposit. If the combined deposits don't cover the damages, he can bill you for that amount and sue if you don't pay.

The only caveat here is he needs to prove the cost of the damages with receipts or estimates for the work.

NonnaX · Nov 17, 2013, 09:48 AM

Can I ask for receipts to prove security deposit prior to going to small claims court? Ex landlord had $300 pet deposit they are not using, taking $250 from security deposit. Also charging $150 in random charges and cleaning. The home was cleaned, I have photos to prove!

cdad · Nov 17, 2013, 12:24 PM

Most of what is ok to charge back or not depends on local law. Also how long did you live in the home?

AK lawyer · Nov 17, 2013, 01:02 PM

If you paid a pet deposit and do not have the receipt, that would indeed be an appropriate subject of discovery. Discovery is allowed in small claims only in some jurisdictions, however.

ScottGem · Nov 17, 2013, 01:59 PM

First, please don't create multiple threads over the same issue. I merged your threads (under the appropriate forum). Please post any follow-up as a response to this thread.

If the landlord does not return your full deposit, he has to give you a full accounting of how the deposit was used. If you plan on disputing his charges you can ask for proof of them.

joypulv · Nov 17, 2013, 02:06 PM

Give 7 days to provide copies of receipts, then file the small claim if none. If you win, you get awarded the fee.
Some people don't pay anyway, however.

LILL · Nov 17, 2013, 04:35 PM

I think you should read your lease. There is a VERY big difference between a pet deposit and a pet fee. What is the exact clause in your lease?