What Pet Owners Should Know About Pet Deposits

Pet deposits are not security deposits, although they do act in similar fashion. These are two completely separate types of deposit. They are not interchangeable. Pet deposits cannot become part of a security deposit. The use of pet deposits is to ensure that any damage done to a rental unit by a pet (urine stains, scratches, rips or other damage). Security deposits are used for general damage beyond normal wear and tear of a rental unit.

Pet deposits can be negotiable. Some landlords will charge different amounts for pet deposits depending on different situations such as number of pets, the size of your pets, the type of pet or if the pet seems properly trained. Some landlords will ask to see the pets before making a decision. Some landlords will not charge for pets if you demonstrate proper care or the ability to control the pet. You will find landlords who will accept a pet if you offer a pet deposit. Be ready to pay the pet deposit with the security deposit.

Pet deposits are not refundable by law. Pet deposits are not handled like security deposits. Security deposits are held in escrow accounts by law in many states. Pet deposits are not under the same rules. Landlords will often return pet deposits if they normally return security deposits. If you get your security deposit back, but not your pet deposit, you have the right to know why. If your deposit is not returned or refused for a reasonable issue, you can file a complaint in court to recover the deposit.

Pet deposits cannot be raised if the rent goes up. Like security deposits, pet deposits do not go up with the rent. If you have an increase in rent, deposits do not increase. It is illegal to raise deposits, ask for another deposit or make continued rental contingent upon receiving more money because of your having pets. On the other side of this, if your lease does not have a "no pets" clause, and you bring in a pet after you have already paid rent and security, the landlord does have the right to ask for a pet deposit for you to keep the pet in the unit.

Pet deposits can become void if a new owner takes over. Pet owners can run into this situation at any time. When a building is sold the new owner does not need to comply with the lease of the old landlord. There is no law which makes this happen, so the new landlord can and often does create a new lease. Most new landlords will keep current leases; the new landlord does not have to allow pets. If the new landlord changes the lease to include a "no pets" clause, they do need to allow you up to 30 days to find a suitable home for your pet.

Sources:
New York City Bar
petsonlineinfo.com
petcaretips.net