Legal Question in Real Estate Law in Missouri

We are renting a house the lease was up in March and we had an agreement with the landlord to do month to month lease but we never signed anything. Well in April we wanted to get a cat and we asked permission from our landlord to get a cat and he said yes it was okay. I asked if we need to pay a pet deposit because in our original lease it stated we need to and he said no if it was a dog then he would require a pet deposit. Well we are now purchasing a home and we gave him more than a 30 day notice. Well him and his wife have decided to sell the home and they came to the house with a Realtor to get the house listed. Well after they came to the house he has now decided he wants the $200 non refundable pet deposit and we are moving out on the 2nd of July. My question is can he do this? Our cat has not caused any damage to the home we are having the carpet cleaned by a carpet cleaning company.

Asked on 6/28/12, 7:34 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

If the original written lease was not self-renewing, I do not beleive that a pet deposit can be required under the terms that you descriube. In any event, the landlord may have waived any claim for a pet deposit. Proving the waiver may be a case of the landlor's word against yours.The landlord can demand whatever he or she wants, but I do not know of any legal basis upon which he can collect the $200.00. Just be sure to document (photograph or video the spotless condition of hte place when you move out, keep the receipts for the carpet cleaning, and be sure to turn over the keys (and "possession" of the place on a timely basis.

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Answered on 6/28/12, 8:00 pm

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