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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My son is 10 months into a 12 month lease. He put up a $700

Customer Question

My son is 10 months into a 12 month lease. He put up a $700 deposit when he moved in. About 2 months ago, he got a small dog. The landlord mailed him a letter (not registered or certified) saying that he owed a $1,000 pet deposit -- the deposit for a pet for an entire year. My son contacted the landlord about prorating the deposit, but got no response. He has continued paying rent, and has never been late on his rent. This morning he was served papers to appear in court on Dec. 7. When he called the landlord, he was told that the papers were an eviction for non-payment of rent plus late fees. The landlord applied the rent payment as a deposit for the pet. At no time before this morning was any of this communicated to my son, either by phone or registered mail. My question is, is it legal to apply rent payment to something else? What recourse does my son have?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Just to confirm, the lease contract is silent on a pet? Or, it demands an extra amount for them? Or, it simply disallows them all-together?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
The lease does discuss a pet deposit, but no amount if specified.
Expert:  Ely replied 1 year ago.

Hmm. Any way you can upload the lease? I would have to see the verbiage. This is important. Or perhaps paste it by retyping?

Customer: replied 1 year ago.
I'll have to get it from my son. I'm just trying to help him. Can I get back to you?
Expert:  Ely replied 1 year ago.

Sure thing. I will be here. If you reply back and I am offline, I normally reply within 24 hours.

Customer: replied 1 year ago.
Thank you!
Expert:  Ely replied 1 year ago.

No problem.

Expert:  Ely replied 1 year ago.

Hello! Just touching base to see if you still needed an answer and if you could reply to my query. Thanks!

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