[DriverOne]

My wife, sister, our three cats and I moved into a rental house in SC last year. It was understood that a $300 pet deposit would allow us to have our cats inside, but by the time we had moved in, they had changed our lease (with red ink, and not initialed by my wife, sister, or myself) to insist that the animals stay outside. One of our animals was viciously attacked and killed, and so we no longer left them outside. We informed our landlords about the incident and they simply stated that 'you will have that'.

Upon our arrival to the house, we took as many pictures as we could, and created a list of things that needed attention, or had already been damaged. The previous tenants had a cat that had done some damage to the house, and we noted this. All of that information had been stated to the landlords. We were told that as long as the colors were appropriate, we could paint in the bedrooms, and so we did. We lived as cleanly as possible, and took pride in our house, which was a lot more like a home than the place we live in now, but that's another story.

Before leaving the house, we did everything that they asked us to do, and took pictures again. By the pictures, it is obvious that it was left in MUCH BETTER CONDITION than when we arrived. They can't be uploaded because they're on a disc in a box that we haven't unloaded yet. The professional steam cleaner we hired said it was very clean, and when we returned, we didn't smell anything unusual. However, the landlords insist that there is a good pet odor (wet hair) inside, and they are considering docking our deposit return. I'm guessing it was a bad idea to hire the same man who steam cleans for the company we rent from? He returned to the house and removed the odor from the house. Either way, I assumed that a pet deposit was not just money that you GIVE to someone because you have pets. I understand that that isn't returned, but I also understand that it is money over the top for what damage your pets may do to the rental unit, that does not exceed $300. The landlords are also trying to say that the damage done by the previous owners' animal was in fact our fault and plan to take money from us that way, even though we actually REPAIRED 99% of the damages done by that animal! Please help, I feel as though I'm being railroaded!

Frustrated in SC

[excon]

Please help, I feel as though I'm being railroaded!

Frustrated in SC

Hello D:

Specifically, HOW did he inform you that you would NOT be receiving your pet deposit back? Did you receive ANY money back from him? How and WHEN did you receive it?

I ask these questions because they're important. I don't know what SC law is on the subject, but I'll bet it's similar to other states, in that he is required to return your deposit to you WITHIN a particular period, usually no more than 30 days, along with an itimized statement indicating WHERE the money was spent.

If that was NOT done pursuant to SC law, then smell, or dirt, or broken stuff doesn't matter. The only thing that matters is WHAT he did about it and WHEN.

excon

[DriverOne]

We moved out January 31st of this year. The pet deposit is, by the original documentation, a non-refundable deposit. We have not received any reimbursement to date, nor have they offered any inclination as to what may have been removed. I asked them again today and they keep repeating that I will receive something in the mail by the end of the month.

[excon]

Hello again, D:

Couple things... The time frame probably has not past... But, you cannot guess how long he's got. We've got all the state landlord tenant laws at the top of the real estate page on a sticky note. You should find SC.

Next, is the term "non-refundable deposit". That's like saying non pregnant pregnancy... A deposit is ALWAYS refundable, unless certain conditions are met. If he wanted to call it a pet cleaning FEE, he could have done so and kept it.. But, he didn't. Therefore, he's going to have to show pet damage in order to keep it.

But, say NOTHING till the time frame passes, then sue him in small claims court.

excon

[AK lawyer]

... by the time we had moved in, they had changed our lease (with red ink, and not initialed by my wife, sister, or myself) to insist that the animals stay outside. ...

I hope you understand that these red-ink changes are not binding on you?

I agree with Excon that the phrase "non-refundable deposit" is an oxymoron. However a judge might interpret this ambiguity in one of two ways:

• it's a deposit which would require the LL to refund or tell you why not within so many days; or
• it's a non-refundable fee.

[excon]

Hello again, D:

Well, I dove into the netherworld of South Carolina landlord tenant law. I found that the landlord must do ALL that I said he does, but he apparently does NOT have a time limit.

Therefore, the reasonable man idea comes into play. How long should a reasonable man wait for return of his deposit? I don't know, of course, but I'd say anything longer than 30 days, is wayyyy more than reasonable...

excon

[DriverOne]

I received $600, $50 less than my original deposit, minus the entirety of the $300 pet deposit. I was more than ready to take them to court, because the $50 that they charged me was supposed to come from the pet deposit, not our standard deposit. They claimed that there was a pet odor after the steam cleaners had done their job, and sent him out to de-scent the house. However, I believe that the court costs would exceed the wrongfully withdrawn amount, so it is my fault for leasing from them.

[excon]

However, I believe that the court costs would exceed the wrongfully withdrawn amount, so it is my fault for leasing from them.

Hello again, D:

Let me see. By my count, he owes you $350. Small claims court is quick, cheap and easy. Plus, you get you court costs back if/when you win. It shouldn't cost more than $50 to sue him. Don't let him rip you off like that.

excon