As a Landlord do I have to return the pet deposit if the lease has been breached in the state of California?

Hello linda:

Just because your tenant breached the lease doesn't mean you get to keep anything. You have a pet deposit to make sure your premises does not get damaged by a pet. If it did, then you get to keep what's left of the pet deposit after you've repaired the damage.

excon

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Originally Posted by lindareed

As a Landlord do I have to return the pet deposit if the lease has been breached in the state of California?

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A deposit is money held by the landlord to secure that the tenant does not damage the property, beyond normal wear, and pays the rent on time and as agreed. If this is a "pet" deposit it is to secure that the tenant's pet did not damage the property. Deposits are returned if they are not utilized.

Next time think about a one time PET FEE, which would not be returned. Or consider raising the rent $25 or so to cover the pet. Your normal security deposit would then cover damages done by the pet. In the mean time, the pet fee or additional $25 per month is yours to keep. Think about making tenant insurance with pet coverage mandatory. Make sure you are listed as an "interested party" on the insurance so that you are notified if it is cancelled and you are covered for dog bites etc.

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Originally Posted by lindareed

As a Landlord do I have to return the pet deposit if the lease has been breached in the state of California?

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I agree with previous... make the pet fee non-refundable. I live in Fl. And the norm is a $200. Non-refundable pet deposit. That way you don't have to worry about getting money, or arguing over possible damages and the cost.. the tenant knows he is paying a fee for a pet and the owner can feel more secure knowing that there is money available for possible expenses.