I have been renting an apartment for 28 months now. After the first 15 months my partner moved in with me, which my landlord uped my rent $100 for him and then $50 more for his dog, plus he had to put a $300 security deposit down for the dog and at the beginning of lease i put a month's rent security deposit down. After the 1st year i never signed another lease just went by old lease and added the extra $150 on. Now we are moving out and i gave him a 90 day notice, he is telling me because of the dog living here he has to paint the whole place over and he has to replace the carpet because it just has a dog smell, not urine just a dog smell. I told him that i would have the carpets cleaned before i moved out, but he still says he has to replace the carpet, which there is nothing wrong with it. He also asked me if i could be out a couple days early so he can do the work so new tenant can move in by the 1st of the month. He also has been in my place many times and has never once said anything about the place smelling like a dog, until he started showing the apartment. Can he legally take my original security deposit? I can understand maybe the $300 deposit for the dog. When me and my partner decided to move in together after my 1st year he was the one who said he could bring in the dog for an extra $50 a month, because he didn't want me to move because i was a great tenant, always paid rent on time and kept a very neat place. My question is can he legally do this, with us paying an extra $50 a month just for the dog and there isnt anything wrong with the carpet or paint on walls but he says thats the only way he can get rid of a dog smell.
1 Answer from Attorneys
He can try. The problem is there is nothing in writing. I think your landlord is trying pull a fast one.
Was the dog deposit non-refundable? Was any of this put in writing?