What is the legality of holding 1 tenant’s pet deposit when the lease ends if the other roommate is staying?

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What is the legality of holding 1 tenant’s pet deposit when the lease ends if the other roommate is staying?

My lease with my apartment complext ends in 2 months but my housemate is staying. We both put down pet deposits and the managers of the complex are saying that I cannot get my part of the pet deposit back due to her staying. Is this legal?

Asked on December 28, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to carefully read the presumed written lease that you have with your landlord in that this document controls the obligations owed to you by the landlord and vice versa in the absence of conflicting state law concerning the return of your pet deposit.

The language in it will control the timing of the return of your pet deposit. If there is no language as to when you can have the return of your pet deposit, you should receive it within the statutory time under the laws your state.

 


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