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    snowpixxi's Avatar
    snowpixxi Posts: 3, Reputation: 1
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    #1

    Jun 13, 2007, 04:41 PM
    Legal to charge only 1 roommate for damages? Pet fees?
    1.) If a pet does damage to an apartment that is beyond the amount paid for a non-refundable pet fee, is it legal by Florida law for a landlord to keep the money and NOT apply it to any of the damages?
    They circled this quote on the pet addendum when I asked them to deduct the fee from the damages, "Resident shall pay a non-refundable pet fee of $300.00, a refundable pet deposit of $0.00, and a monthly pet assesment of $0.00. Upon vacating the apartment, management shall do an inspection and any damage attributed to the pet shall be charged to the resident accordingly." (What does "accordingly" mean?)

    2.) If there were 2 people signed to the lease, is it legal for the complex or collection agency to hold only one of the 2 tenants responsible for the full amount of damages?

    3.) Is it legal for me to give my former roommate's phone # and new address to my former apartment complex and/or the collection agency?


    I don't know if this would help, but this is what has happened so far:

    { I lived in an apartment last year with one other girl and my cat. Both of us, (me and my co-tentant) were on the lease and we were both required to sign a pet addendum to bring the cat. I paid a non-refundable pet fee of $300 before moving in.

    The day before the lease ended, she brought her parents dog to the apartment without my consent and apparently the dog urinated on the freshly streamed clean carpet. She did not leave them a fowarding address and I did.

    The apartment complex sent a bill in both out names to my address for $910.74 for carpet replacement minus my security deposit. I immediately responded to them requesting proof of carpet replacement. In response, they gave my name (did not include my former roommate) to a bill collection agency.

    I wrote to the collection agency, refuting the charges and requesting proof of the carpet charges. In response I received a recipt proving carpet replace and a bill that had been adjusted to to $887.97 (however they double charged for odor enzimes and did not subtract my deposit from the amount)

    Once again I responded to them writing that they did not deduct my deposit, they did not deduct the $300 pet fee money for the damages, and they over charged me for enzyme treatments. I also mentioned in my letter that I am only responsible for 50% since my co-tenet was on the lease and had signed the pet agreement. I offered them $208.99 to settle.

    I received from them the other day a response. They deducted my deposit and the enzyme fees, but replied that because the pet fee was a non-refundable pet fee, they cannot subtract that amount from the damages. They also did not respond to my mention of my former roommate, saying the amount I now owe is $717.97

    I am planning to request proof of the replaced carpets age, since they are claiming it was only 10 mo old when we moved in. I suppose there is nothing I can do about all the false charges they have tried to sneak past me except try to find more. }
    NowWhat's Avatar
    NowWhat Posts: 1,634, Reputation: 264
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    #2

    Jun 13, 2007, 04:52 PM
    Well, first, you would not have gotten the $300 back anyway - according to the lease verbage you supplied. It states that it is non-refundable and that you would pay any damages that would be incurred by that pet. So, forget about the $300 - you paid that just to have a pet there.

    The damages should reflect the security deposit. Also, they should be going after both of you. And, typically, they will go after both of you for the full amount. It is up to you and your roommate to figure out who pays what.
    They want their money and they don't care who pays it as long as it gets paid.
    I don't think it is illegal to give the apartment complex your roommates forwarding information.
    Hope this helps.

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