[ukblue1221]

I paid a non-refundable $500 pet deposit for a house in Kentucky 1 yr ago. I have two small dogs. We just moved out and cleaned the carpets. Does the pet deposit cover any "accidents" the dogs had or can the landlord keep some of my other deposit for extra cleaning? The carpet looks great but just want to make sure I get my entire deposit back. Thanks

[twinkiedooter]

Sorry to tell you this but the word "non-refundable" means just that - you can't get your money back regardless HOW clean you leave the premises. You can get your "regular" deposit back, but the $500 pet deposit was gone the second you paid it when you first moved in.

Most landlords want the clean up money up front for the pets. Many landlords don't even rent to people with pets or kids in the first place due to the aftermath left by both kids and pets.

Did you take photos of the cleaned up house before you left? Did you have a walk through with the landlord upon vacating? You can try taking the landlord to small claims court but I don't forsee the judge awarding you non-refundable pet deposit money. Sorry.

[ukblue1221]

Thanks twinkiedooter. I understand the pet deposit is non-refundable. I don't want him to keep any of my other deposit. So, if he wants to clean the carpets again for any odor or small stains that should be covered by the pet deposit. Correct?

[twinkiedooter]

Correct. Pet deposit is for any ensuing damage a pet would do. This would also fall under replacing carpeting that is damaged by pet stains that don't come out. It should not come out of your regular deposit for damages.

[ukblue1221]

Thanks. I've been trying to find a link to something "official" that says this but haven't had any luck.

[excon]

Thanks. I've been trying to find a link to something "official" that says this but haven't had any luck.

Hello u:

There isn't any definitive authority on the subject. Ultimately, the authority will be the JUDGE who rules upon your case if you happen to sue...

If it were me, I WOULD. In the first place, the term "non-refundable deposit", is an oxymoron.. It contains words that are contradictory to each other. Non refundable means you can't get it back... Deposit, on the other hand, means that you can.

So, one could take the FIRST part of the phrase - non refundable - and decide that's what it meant, or one could take the SECOND part - deposit - and decide THAT'S what it meant.

In my view, if presented properly, a judge would almost ALWAYS call it a DEPOSIT, because judges loathe landlords who enrichen themselves based on NOTHING more than the way they wrote the contract.

Plus, most landlords who think they're entitled to your money for NO reason at all, except that he was KIND enough to LET you live in his house, usually want to get paid a little extra for it... I PROMISE you, the check will NOT arrive in mail intact. I HOPE I'm wrong.. But, I ain't.

excon

[CliffARobinson]

In Kentucky apparently, there is no statutory limit on the amount of a deposit, which I find alarming, however - the Landlord has to advise you of charges before taking them out of the deposit. Further, there are "normal wear and tear" items he cannot take from your deposit.

I cannot find specifics on whether "non-refundable", to excon's point, is allowed in KY. In more consumer-protected California, no rental deposit is "non-refundable". And, here there are limits on the amount. It can be up to two times the rent for unfurnished and three times for furnished, but the Landlord has no right to keep the deposit because he called it "non-refundable", it's illegal here.

You will have to contact either a lawyer, legal aide, or maybe a Landlord/Tenant agency? I found the following Kentucky Landlord/Tenant Security Deposit Regulations.

Landlords in KY have guidelines they must follow, but no mention of "non-refundable", but, you have a lot of protection when it comes to the other deposit money.

Good luck