Fee for pets?

[ekwadorlucky]

Hi,

I read somewhere that it's not legal for a landlord to charge you a deposit for having a pet if they are already charging you first, last, and security. Any truth to that?

Thanks so much!

[Minuteman]

Lucky,
I found this article regarding pet deposits from an informative Massachusetts Law site, which states that this practice would in fact be, illegal. I think this stems from the fact that a landlord can not theoretically charge more then one months rent for security, except for a new key and lock set. Which is not refundable. However, I don't believe there is anything stopping the landlord from asking for more money monthly, simply because you wish to have a pet in his residence. Which is clearly a less desirable situation as you will be paying more in rent and it won't be refundable.

You can find this article here: http://www.lawlib.state.ma.us/faqanimals.html
Definitely have a look.

Good luck!

[ekwadorlucky]

Hi,

Thanks for the quick reply! What do you think I should now that I've signed the lease? Should I ask for a refund of the pet deposit, since they technically can't up my lease now?

Thanks again!

[Minuteman]

That's up to you really. It's a good thing you've already signed a lease. You could ask for this "pet deposit" back and site Mass housing laws as it seems that you clearly are entitled to it, but you have to ask yourself, is it worth the aggravation that might ensue? I think if you use tact and explain to them how they're breaking the law, then things should pan out. But if they are a stubborn landlord, like many can be, then they might not even care. Being that it usually is best to keep things even keel with your landlord, the way you approach this with them will be most important. Even if they out and out refuses to give it back, at least now you will have leverage with them if they continue to step out of line. Do you feel you are getting a good deal on this apartment? How long do you plan on staying there?

[ekwadorlucky]

I think it is a pretty good deal but part of the problem is I'm a bit worried about the reputation of the company I'm dealing with. The apartment is managed by a real estate company and, recently I came across a good deal of bad publicity (I was living in another country and came to Boston for a few days when I signed my lease). I was also charged 1st, last, security AND the pet deposit. I guess I could wait and see if there are any problems once I move in (most people complained that they wouldn't fix things or take phone calls) and then use the pet deposit as leverage? I'm a poor grad student so any cash is important :-)

[Minuteman]

Frankly I'm surprised a real estate company is unaware of the legality issue with the pet deposit(charging over 1 month of rent for security). And that they wouldn't have just charged a "pet fee" instead of requiring the additional deposit. I think the bottom line is that it sounds like you could really use the money, so it wouldn't hurt to ask for it back. And if they say no, well, keep the ace up your sleeve.. and a lawyer on speed dial.

[ekwadorlucky]

Thanks for all of the advice. I think that's what I'll do...

Have a great afternoon!

[Minuteman]

You're welcome. Just keep in mind it's always best to verify legal questions with a qualified attorney in order to be absolutely certain.

Best of luck!!

[kristy19]

hello.


Thank you to all for sharing this topic.
i am also a little bit confused in this question but now there is no problem.
very nice posting in this forum so keep it up.


cheers