Expert, localized Los Angeles answers provided by Heather Roy

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Tenants get dog without pet deposit

  Rental question:

My renters have gotten a dog and have not paid the pet deposit per their lease agreement. They have also been late with their rental payment every month, and only pay after recieving a pay or quit notice. After receiving this notice, they do pay the rent, but they never pay the late fee of $25.00 which is also stated in the lease agreement and the pay or quit notice. They are finally moving out (breaking their lease agreement). Can I use their security deposit to recoup any of these fees not yet paid?
 
  I don't know. Those laws differ from one state to another. My guess is that you could keep the money and wait to see if they take you to small claims court for it. Take some pictures of the condition of the place if there are dog stains etc.
You on the other hand could take them to small claims court, where you can represent yourself at little cost, asking for the late charges and even for the remainder of the lease, until you can re-rent the place. But if they have rotten credit, getting a judgment may not do you much good anyhow.
    Edith
Originally published on October 18, 2007
 
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