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I have an existing account with answer.com with unused money

 
Alex Esquire's Avatar
  • Answered by:Alex Esquire
  • Attorney at Law
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Customer Question

I have an existing account with answer.com with unused money for future questions. I have one now. I moved out of a rental on the 30th of April. When I moved in two years ago the house had not been cleaned and was filthy. I was told to take it or leave it. I had no other place to move or the money to move with so I took it and cleaned it myself. The management company refused to clean the oven or move it for me so I could clean behind it. I did the outside of the oven and when I turned on the self clean it caught on fire due to the grease under neath. I have pictures which I took before I moved in to document the filthy condition. When I moved out I had a excellent carpet cleaner do the rugs and restored them to a "look like new" condition. The management company called and said that there was a "pet odor " in one of the spare bedrooms and I could clean it again myselt or they would hold out the money to deordorize it from my security deposit. There is a $300 non refundable pet deposit on the property . Shouldn't it come from that and not my deposit? Thank you Claire Simpson. The property is in Clark County Nevada

 

Optional Information:
Country relating to Question: United States
State (if USA): Nevada

Submitted: 351 days and 12 hours ago.
Category: Legal
Value: $59
Status: CLOSED
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Expert:  Alex Esquire replied 351 days and 12 hours ago.

Hello. My name is XXXXX XXXXX X will be happy to answer your question.

I am sorry to hear about this unfortunate and unfair situation that you are in.

Unfortunately, the pet deposit is generally non-refundable, unless specified otherwise in your lease, but an argument can be made that the pet deposit should cover clean up of any pet odor or minor pet related damage.

Unfortunately, if the landlord is refusing to return your security deposit, the only legal recourse for you would be to file a lawsuit in the Small Claims court against this landlord for the amount of your security deposit and argue to the court that you have left this rental unit in better condition than you received it and any pet odor should be covered by the $300 pet deposit that you had paid in the first place.

Customer replied 351 days and 9 hours ago.

Let me clarify. The management Co has not refused to give me back my depoisit. She offered me the opportunity to have it redone or take it out of my security deposit. I did not get into any discussion with her until I got some advice. My question is 1) Shouldn't the pet deposit be used to take care of pet issues before they take money out of my security deposit? The pet deposit is $300 which would cover the cost of new carpeting if they chose to redo the room or definitly enough to have the room recleaned even adding a special enzyme designed for such issues.? I want to tell her to just use the pet deposit but not until I know what my rights are . Thank you.

Accepted Answer

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Expert:  Alex Esquire replied 351 days and 9 hours ago.

Thank you for your follow up.

Pet deposit is generally not refundable and it should be used to cover any pet related issues.

If the pet deposit is not sufficient to cover any pet related issues, than any amount above the amount of the pet-deposit can be deducted from the regular security deposit.

Expert TypeAttorney at Law
Category: Legal
Pos. Feedback: 95.3 %
Accepts: 2576
Answered: 5/2/2012

Experience: Experienced Licensed Attorney

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