Subtracting the $150 non-refundable 'deposit' from my deposit

[mommadraper85]

I recently completed a lease with an apartment complex in St. Louis MO. When I signed the lease there is a part that states for pets I have $300 deposit, $150 refundable and $150 non-refundable. I was under the understanding that deposit meant it must be applied to damages. However, they are trying to subtract the $150 non-refundable 'deposit' from my deposit and not applying it the damages. This is one problem among many that I have encountered during my stay in this complex. Many other possible legal issues as well. Also, I received the letter with the damages on Saturday and they are trying to turn it over to collections today because I had 15 days to pay. The letter is dated the 2nd, however I did not receive it until the 14th. Can they do this?

Please help!

[AFFA]

I wish to inform you that deposit has to be applied towards damages. A deposit is meant for covering damages. A deposit does not become “non-refundable” merely by labeling it as such. You can reply to landlord about incorrect facts in demand letter and can demand your deposit amount. If your landlord fails to give back your security deposit then you can file a lawsuit.

AFF

[Friend In Court]

Originally Posted by mommadraper85 I recently completed a lease with an apartment complex in St. Louis MO. When I signed the lease there is a part that states for pets I have $300 deposit, $150 refundable and $150 non-refundable. I was under the understanding that deposit meant it must be applied to damages. However, they are trying to subtract the $150 non-refundable 'deposit' from my deposit and not applying it the damages. This is one problem among many that I have encountered during my stay in this complex. Many other possible legal issues as well. Also, I received the letter with the damages on Saturday and they are trying to turn it over to collections today because I had 15 days to pay. The letter is dated the 2nd, however I did not receive it until the 14th. Can they do this? Please help!

They can charge a non refundable deposit fee for pets without being obligated to return it if there is no pet damage. Non refundable means just what it says. Many landlords extract a non refundable deposit fee for reasons of their own; higher maintenance costs of the property, repairing brown spots in the lawn, cat hair left in carpets and every piece of ducting in the place.

If you had a damage deposit they are obligated to present you with an itemized list of damages in order to withhold deposit and apply it to damages. How much was your deposit? Exclusive of the pet deposit. What was the total amount and type of damages they are claiming?

[sandyclaus]

Originally Posted by mommadraper85 I recently completed a lease with an apartment complex in St. Louis MO. When I signed the lease there is a part that states for pets I have $300 deposit, $150 refundable and $150 non-refundable. I was under the understanding that deposit meant it must be applied to damages. However, they are trying to subtract the $150 non-refundable 'deposit' from my deposit and not applying it the damages. This is one problem among many that I have encountered during my stay in this complex. Many other possible legal issues as well. Also, I received the letter with the damages on Saturday and they are trying to turn it over to collections today because I had 15 days to pay. The letter is dated the 2nd, however I did not receive it until the 14th. Can they do this? Please help!

First and foremost, you need to be aware that the Missouri statutory security deposit rules DO NOT apply to deposits specifically designated as pet deposits. Pet deposits are not required to be refundable. If it is not used towards damages, the LL does DOES NOT have to refund it.

That being said, were there damages to the property that were caused by your pet? If so, the LL MUST apply that pet deposit to those damages first.

[mommadraper85]

Originally Posted by Friend In Court They can charge a non refundable deposit fee for pets without being obligated to return it if there is no pet damage. Non refundable means just what it says. Many landlords extract a non refundable deposit fee for reasons of their own; higher maintenance costs of the property, repairing brown spots in the lawn, cat hair left in carpets and every piece of ducting in the place. If you had a damage deposit they are obligated to present you with an itemized list of damages in order to withhold deposit and apply it to damages. How much was your deposit? Exclusive of the pet deposit. What was the total amount and type of damages they are claiming?

The deposit breaks down as such:
Standard Deposit: $250
Pet Deposit refundable: $150
Non-Refundable Pet Deposit: $150
Totaling $550
(The word 'Fee' is not used in this portion of the lease) Not to mention I did not sign anything stating I have a pet to begin with.

Damages: $610.80

They then took the $150 non-refundable pet deposit out of my deposit leaving a balance of $210.80.

If all of my deposits are to go toward damages I should only owe $60.80.

[mommadraper85]

Originally Posted by sandyclaus First and foremost, you need to be aware that the Missouri statutory security deposit rules DO NOT apply to deposits specifically designated as pet deposits. Pet deposits are not required to be refundable. If it is not used towards damages, the LL does DOES NOT have to refund it. That being said, were there damages to the property that were caused by your pet? If so, the LL MUST apply that pet deposit to those damages first.

Yes. All damages were caused by the pet. The only damage not pertaining to the pet was the 'dirty' fridge costing only $45 in damages.

[sandyclaus]

Originally Posted by mommadraper85 The deposit breaks down as such: Standard Deposit: $250 Pet Deposit refundable: $150 Non-Refundable Pet Deposit: $150 Totaling $550 (The word 'Fee' is not used in this portion of the lease) Not to mention I did not sign anything stating I have a pet to begin with. Damages: $610.80 They then took the $150 non-refundable pet deposit out of my deposit leaving a balance of $210.80. If all of my deposits are to go toward damages I should only owe $60.80.

So you're saying that the pet deposit WASN'T applied at all to any of the damages?
How EXACTLY was this alleged pet deposit identified on your deposit receipts and/or lease documentation? Was it specifically identified as a DEPOSIT, or was it called a pet FEE?

(Yes, the distinction will make a difference here. A FEE doesn't have to apply to anything - it's simply a charge to allow something - in your case, to allow you to have a pet. A DEPOSIT is intended to be applied towards damages.)

[mommadraper85]

Originally Posted by sandyclaus So you're saying that the pet deposit WASN'T applied at all to any of the damages? How EXACTLY was this alleged pet deposit identified on your deposit receipts and/or lease documentation? Was it specifically identified as a DEPOSIT, or was it called a pet FEE? (Yes, the distinction will make a difference here. A FEE doesn't have to apply to anything - it's simply a charge to allow something - in your case, to allow you to have a pet. A DEPOSIT is intended to be applied towards damages.)

It is listed as $300 pet deposit of which $150 is refundable and $150 is non-refundable. The term 'fee' is never used.

[sandyclaus]

Originally Posted by mommadraper85 It is listed as $300 pet deposit of which $150 is refundable and $150 is non-refundable. The term 'fee' is never used.

Then they MUST use the deposit towards damages. They can't classify the funds as a deposit and not apply them as such. To do otherwise would make it a fee, which is not in the wording.

[mommadraper85]

So what can I do from here? I don't want it to go to collections and ruin my credit. Also, I have 3 other neighbors whom have fallen victim to the same thing. I'm sure there are many more.