Section8: Receipt of Monies By Landlord: Resident and Landlord hereby agree that all monies received by the Landlord shall be first applied to any and all charges due other than rent.....
Section9: Move-in fees/deposit: Resident agrees to pay ..(fees & deposits) to insure apartment is professionally restored to clean and orderly conditions upon move-out. However where an apartment has been abused the resident further agrees to pay the landlord additional restoration costs in excess of the above refundable security deposit in accordance with the charges appearing in Exhibit B. Pet Deposit of $225 refundable $675.00 refundable.
Section11: total sum of $300 per pet to be HELD by Management.Of this amount $225 is a nonrefundable fee and $75.00 deposit. Its alsolisted as deposit in Section 9Correction to above: Section 9 ....Exhibit B Pet Deposit of $225 refundable $675.00 non refundable. Apartment is charging me for carpet replacement yet wont apply all of my deposit. Section 8 states they should use all monies collected to b e applied to charges due other than rent and anything left over to be applied to rent. Section 9 lists the $675 as a deposit. Section 11 states it is part pet fee/ part deposit, but it is to be HELD. Why would the lease state they are to hold the total amount of $300 if only $75 was to be used towards damages? Do I have a case here? They're wanting $1050 from me and I paid $75 a month for pet rent.
You REALLY need to take this contract into a contracts or business attorney to review all of the provisions. A pet deposit that is non-refundable is non-refundable regardless of whether there was damage attributable to the pet or not. If there was damage attributable to the pet, the landlord needs to provide you an itemized statement of the damage and the exact costs related to repairing each damaged area.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline