What is the difference between pet rent and pet deposit?

Our land lord is saying we paid a pet rent and not a deposit. Our puppy ripped a 6in gash in the carpet. we have lived in the townhome for 5 years. The landlord will not put the $300 in pet rent towards the repair or replacement of the carpet. Can they do that?

Asked on July 31, 2010 under Real Estate Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Doesn't sound legal to me.  What does your lease say?  Were you charged an additional rent monthly for the dog or a one time fee that he terms "pet rent" in addition to a security deposit? I would take the opportunity to challenge the "pet rent" fee.  But I do urge you to read your lease first and see what you agreed to.  A lease is a binding contract between parties and you have had ample time to review yours over the years.  Unless the court finds the provision against public policy or in violation of a specific law you may be out of luck. Seek consultation from an attorney in your area. Good luck.

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