pet deposit problem Alberta

[cozzafrenzy]

A little help please... in a bit of a pickle.

I have a tenant whose lease just expired and she moved out yesterday. She's quite unruly with me because I would not refund her pet deposit and is telling me she is going to take me to small claims court. I told her right from the start that pet deposits were not required to be refunded and that it is a one-time fee, but she is challenging me on it now and made a sort of threat about revealing my "illegal suite" to the city. She has given me an ultimatum to either send her a cheque or expect to be in court.

She was a pretty good tenant that didn't cause me much grief, but is now being a PIA. Should I just refund the money?



Should I have called it a pet fee instead of deposit? Should I have made her sign a form stating she knows this "deposit" is non-refundable? Should I call her bluff on the small claims court?

I don't want to be an *SS, but I thought I was entitled to this pet deposit. It was a small dog and there really is no noticeable damage.



Any advice on my situation would be appreciated.

 

[Sherilynn]

If it isn't specific in your written agreements that the fee was non-refundable, then she has a case.



If there is no damage for which to deduct, I would save myself the headache and give the PIA her money back. And I'd do it with a great big "you'll get yours in the end" smile.



Another option for the future is to give the tenants a choice between a non-refundable pet fee and a monthly pet premium. Basically the premium just adds $20 or $50 (or whatever) to the monthly rent, and that's how it shows on my leases. Higher rent with no mention of why. Jacks up my DCR quite nicely, thank you very much.

 

[tsokalski]

Myself as well I charge a monthly pet fee or rent, simply add it to my lease and works in my favor when banks look at my monthly rent. I however do not give them a choice.

 

[RealtorDave]

I have the same thoughts as the other posters. I'd give her the money back, esp. if she's been a good tenant. I doubt its that much and probably not worth it.



And like the other people, I just charge higher rents for my properties that allow pets. Easy peasy.

 

[Thomas Beyer]

Besides the noble art of getting things done is the more noble art of leaving things undone.



People who threaten to sue usually do not. Hence, doing nothing is the right thing to do. So yes, call her bluff as pet deposits are not refundable in Alberta.



Alternatively, you could also show all sort of damage to your house beyond normal wear and tear, and deduct deposits, incl. pet deposit against it, and perhaps present her with a bill stating "you still owe me $250" !



You may wish to update your pet deposit form to state that it is not refundable to avoid any future confusion.

 

[cozzafrenzy]

Thanks for all of your thoughts. I made a compromise and paid her out partially. She is OK with the result and it wasn't too big of a pill for me to swallow.

 

[koeus]

Just to also mention this, we always make sure to never call it a deposit. It's a fee. And more to the point always say it's a non-refundable pet fee when they rent. That way they know ahead of time and can choose to live somewhere else with their pet if they don't like it.