Are non-refundable security deposits legal?

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Are non-refundable security deposits legal?

I live in KS, and my landlord took $250 out of my security deposit as a non-refundable pet deposit. I know there was a ruling in this state against that practice, but I have been unable to find it.

Asked on September 1, 2010 under Real Estate Law, Kansas

Answers:

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

Answered 10 years ago | Contributor

Sorry!  http://kansasstatutes.lesterama.org/Chapter_58/Article_25/58-2550.html

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

Answered 10 years ago | Contributor

You have two issues here.  The security deposit issue and the pet deposit issue.  If pet deposits are permitted (and they are the trend) the landlords can usually make them non-refundable.  But here you are saying that the landlord took money from your security deposit for a pet deposit.  Did your pet do damage to the apartment?  He could take money from the security for damage to the apartment for the pet.  I think that you need to iron out what he is doing here and then seek legal counsel in your area.  I would, though, in the meantime follow the statutes rules for demanding your security deposit back.  I will give you a link to the statutes so that you can look at procedure.  Good luck.


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