Can my landlord charge me a different pet deposit then what is stated in the lease?

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Can my landlord charge me a different pet deposit then what is stated in the lease?

I got the dog after I moved in, but the lease says that it would be $150 refundable and $150 non-refundable. I was charged $450 for my refundable and $150 for non. I had new carpet and that was the reasoning. My new upstairs neighbor has brand new carpet and a dog as well. They were only charged the original $150 non and $150 refundable. Is that legal to charge whatever to whomever?

Asked on June 15, 2012 under Real Estate Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

It is legal to impose a higher refundable deposit because it's not really a "charge" when its refundable.  If your pets don't destroy the carpet, the landlord is obligated to refund this money to you when you move out.  However, under the Arizona Landlord and Tenant Act, the landlord shall not demand a security deposit in excess of one and one-half month's rent,  That is the limitation.


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