Paid pet deposit but didn't sign agreement...do I have recourse when I move out?

Question

I paid the deposit when I adopted a cat, they gave me an agreement to sign but I got coffee on it. They said they would print another agreement to sign and return but I never received one. When I move out in May and there are no damages, do I have recourse to get this non-refundable deposit back? I do understand that they treat for pet dander and that comes out of that money. My thought was, was that I never signed anything stating this is non-refundable. What do you think?

I live in Indiana and I know they have certain laws about deposits. Even the manager did not know what to do. And I need real answers, not ill-tempered former tenants who went out of business because of their own bad dealings.

Answer 1

you willingly paid the deposit knowing it was none refundable or you wouldnt have paid it this is just as much as a countract or agreement.

Answer 2

Since you asked, I think you are a person of poor character and are morally bankrupt. That's what I think. If you were my tenant, I'd be happy to be rid of the likes of you!

You paid the "deposit" knowing in advance what it was for. If I were the landlord, I'd let you try to take me to court. You failed to return the agreement; be thankful that you weren't evicted for violating your lease! Your payment of the charge establishes your intent; the lack of a signed agreement doesn't weaken your landlord's position much, if at all.

BTW, it's NOT a "non-refundable deposit". It's an advance cleaning, deodorizing and de-flea charge.

You assume that there is no "damage" but unless you get the premises professionally cleaned, deodorized and treated for fleas there IS work to be done. That's what that charge pays for.

Sorry, but you're going to LOSE that one. Not only that, it speaks volumes about your poor character as well.

(And if you don't like the answer, don't post the question in a public forum. If you want legal advice, call a lawyer.)

Answer 3

you still verbally agreed and that can be held up by a court of law in many cases and since you have already said it was non-refundable then it need to drop the matter.

Answer 4

"NON-REFUNDABLE."

You spoiled the first agreement, but you DID pay the fee, as a result it is obvious you agreed to the arrangement or you wouldn't have paid.

Answer 5

allot depends on your state laws, many states label security deposits, pet deposit under the same title meaning that landlord can call it what he/she wants but the state will label the SD and the pet deposit as the same thing under SD

If so you have certain things in your favor 1st: if the state says all deposits are the same the state will place a over all limit to amount the landlord can ask for in deposits say for example 1 and 1/2 month rent or two months if the landlord goes over the amount allowed by law for SD and pet you got them

also if your state SD and pet deposits as the same thing then the state statute regarding SD and deductions will be controlling authority under that no Deposits can be non-refundable so the non-refundable pet deposit under law is really a SD and under the law a SD can not be non-refundable

This Indiana statute on SD
IC 32-31-3-9
"Security deposit" defined
Sec. 9. (a) As used in this chapter, "security deposit" means a deposit paid by a tenant to the landlord or the landlord's agent to be held for all or a part of the term of the rental agreement to secure performance of any obligation of the tenant under the rental agreement.
(b) The term includes:
(1) a required prepayment of rent other than the first full rental payment period of the lease agreement;
(2) a sum required to be paid as rent in any rental period in excess of the average rent for the term; and
(3) any other amount of money or property returnable to the tenant on condition of return of the rental unit by the tenant in a condition as required by the rental agreement.
(c) The term does not include the following:
(1) An amount paid for an option to purchase under a lease with option to purchase, unless it is shown that the intent was to evade this chapter.
(2) An amount paid as a subscription for or purchase of a membership in a cooperative housing association incorporated under Indiana law.
As added by P.L.2-2002, SEC.16.


IC 32-31-3-10
"Tenant" defined
Sec. 10. As used in this chapter, "tenant" means an individual who occupies a rental unit:


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(1) for residential purposes;
(2) with the landlord's consent; and
(3) for consideration that is agreed upon by both parties.
As added by P.L.2-2002, SEC.16.

IC 32-31-3-11
Jurisdiction of courts
Sec. 11. (a) The following courts have original and concurrent jurisdiction in cases arising under this chapter:
(1) A circuit court.
(2) A superior court.
(3) A county court.
(4) A municipal court.
(5) A small claims court.
(b) A case arising under this chapter may be filed on the small claims docket of a court that has jurisdiction.
As added by P.L.2-2002, SEC.16.


IC 32-31-3-12
Return of deposits; deductions; liability
Sec. 12. (a) Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to:
(1) the payment of accrued rent;
(2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and
(3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement;
all as itemized by the landlord with the amount due in a written notice that is delivered to the tenant not more than forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, a tenant is not entitled to apply a security deposit to rent.
(b) If a landlord fails to comply with subsection (a), a tenant may recover all of the security deposit due the tenant and reasonable attorney's fees.
(c) This section does not preclude the landlord or tenant from recovering other damages to which either is entitled.
(d) The owner of the dwelling unit at the time of the termination of the rental agreement is bound by this section.
As added by P.L.2-2002, SEC.16.


IC 32-31-3-13
Use of deposits
Sec. 13. A security deposit may be used only for the following purposes:


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(1) To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear.
(2) To pay the landlord for:
(A) all rent in arrearage under the rental agreement; and
(B) rent due for premature termination of the rental agreement by the tenant.
(3) To pay for the last payment period of a residential rental agreement if a written agreement between the landlord and the tenant stipulates that the security deposit will serve as the last payment of rent due.
(4) To reimburse the landlord for utility or sewer charges paid by the landlord that are:
(A) the obligation of the tenant under the rental agreement; and
(B) unpaid by the tenant.
As added by P.L.2-2002, SEC.16.

IC 32-31-3-14
Notice of damages; refund of remaining deposits
Sec. 14. Not more than forty-five (45) days after the termination of occupancy, a landlord shall mail to a tenant an itemized list of damages claimed for which the security deposit may be used under section 13 of this chapter. The list must set forth:
(1) the estimated cost of repair for each damaged item; and
(2) the amounts and lease on which the landlord intends to assess the tenant.
The landlord shall include with the list a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord.
As added by P.L.2-2002, SEC.16.


IC 32-31-3-15
Remittance of full deposit
Sec. 15. Failure by a landlord to provide notice of damages under section 14 of this chapter constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit.
As added by P.L.2-2002, SEC.16.


IC 32-31-3-16
Liability for withheld deposits
Sec. 16. A landlord who fails to comply with sections 14 and 15 of this chapter is liable to the tenant in an amount equal to the part of the deposit withheld by the landlord plus reasonable attorney's fees and court costs.
As added by P.L.2-2002, SEC.16.