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Rental Advisor: Answers From Phil

archived column
#16, November 22, 2000
 
· Paying for pets: extra fees and deposits
· Tenants rights' for damaged personal property
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Paying for pets: extra fees and deposits
Q: I am moving from Washington to Colorado. I don't understand why I have to pay the management twice for having a pet in Colorado Springs, CO. They have me paying a $300 pet deposit, of which I only get $150 back. Then, I also have to pay an additional $20 per month rent for having a pet. My heartache comes from having to pay them $20 per month when I already gave them a $300 deposit, which will cover any special cleaning. It's not an additional adult human occupant for which they should charge. They're just sucking more money out of people.

A: I'm sure you're a responsible pet owner. But, unfortunately, the few have ruined it for the many when it comes to pets and rental housing. If you threw a cocktail party for rental managers and owners, they could probably fill the evening with horror stories about the damage pets caused to their units. In the tight housing markets today in many cities, managers and owners have plenty of prospective tenants without accepting pet owners.

So, I'm not surprised that you're having to pay quite a bit more to have your pet. You're paying the owner for the unknown risk (in his mind) that your pet will cause extensive damage. Other than shopping around for a rental that's more pet-friendly, there isn't much you can do. However, you can do your part to be a responsible pet owner. Be sure your pet doesn't have accidents inside the house, and be sure you keep him or her on their best behavior when outside your unit.

For those of you looking for rental housing for your pet, here's some more tips from the U.S. Human Society website - www.rentwithpets.org. When you're looking, treat your pet like another occupant. Create a pet resume with letters of reference from prior landlords. Take her with you freshly groomed and on her best behavior to meet a prospective manager or owner. These tips will improve your chances, and the chances of pet owners who come looking for rental housing after you.

 
 

Tenants rights' for damanged personal property
Q: I am not very happy with the condition and location of my current apartment. So I decided to move out when the lease expires on January 31, 2001.

But, a few days ago, a water pipe in the apartment right above mine broke while I was out of town. A lot of water went through the ceiling and soaked my apartment. I am wondering about two things.

First, is the landlord responsible for any property damage and inconvenience that this has caused me? The landlord said that he is not responsible, and that I should have gotten renter's insurance. I am very skeptical of this, because I think it is his job to keep the property in good shape and prevent accidents like this from happening.

Second, if I want to break the lease and move out right away, can I do so? The landlord said that I can move to another apartment in the same complex, but he would not allow me to break the lease. I really hate his solution because that would mean that I have to move once now, and then again in January. Besides, the lease that I signed is for my current apartment, which needs quite a bit of repair work. Since the premises have becomes unlivable due to his negligence, I am not sure he still has a legitimate claim over my tenancy.

A: Well, I hope things in your apartment were not damaged too badly, because your landlord's right. Accidents do happen, such as pipes breaking, that aren't the result of anybody's negligence. So, it isn't necessarily your landlord's fault.

Generally, a landlord is not responsible for damage to a renter's personal property. This holds true for theft, fire, floor or other events that might damage your belongings. I strongly recommend renter's insurance for all renters just for this reason. It's usually very reasonably priced at somewhere between $100-150 per year in most places.

 
 
 
About Phil Rhodes
Phil Rhodes is an experienced commercial credit attorney in Northern California with his own practice, emphasizing bankruptcy, real estate finance, and other consumer and small business credit issues. Phil is also a happy renter, now on his sixth successful landlord-tenant relationship.
 
 

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