Security Deposits: Landlord Asking for a Pet Deposit. Requirement Not Included in the Lease - AgentLinkus Real Estate Forums


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  • Security Deposits: Landlord Asking for a Pet Deposit. Requirement Not Included in the Lease

    My question involves landlord-tenant law in the State of: Colorado

    I just adopted a dog and my landlord is now requesting an additional pet deposit to add to the security deposit I already paid. The two tenants below me in our tri-level also have a dog each and we all share a backyard (they were already living at the house with their dogs before the current owners bought it, so their pet deposit situation is unclear). I am not necessarily against paying this deposit, as it is the norm, I just want to make sure it is warranted in this specific situation. I have already been living in my unit for 1 year and signed for another year about 1 week before adopting the dog. My new lease says the following about owning pets and the terms of the security deposit; thanks in advance for any help:

    15. PETS: Pets are permitted on the Premises.

    They are limited to the following: 1 dog.

    Tenant shall observe all rules and regulations of Landlord

    concerning pets, including cleaning up and removal of any pet

    excrement. Tenant further agrees to control their pets in a

    manner so as not to disturb or disrupt any other tenant’s quiet

    enjoyment of their own premises. Tenant must receive

    written permission from the Landlord for any additional pets

    desired on premises.

    4. SECURITY DEPOSIT: : Upon execution of the

    lease dated August 30, 2015 Tenants deposited the sum of

    $1,350.00 held by Landlord, Property Manager as a

    security deposit for reasonable cleaning of, and repair of

    damages to, the premises upon the expiration or termination

    of this Lease, or other reasonable damages resulting from a

    default by Tenant. Tenant shall be liable to Landlord for all

    damages to the leased premises upon the termination of this

    Lease, ordinary wear and tear excepted. Tenant is is

    not entitled to interest on the security deposit [if tenant is

    entitled to interest, the rate shall be: n/a . Tenant may not

    apply the security deposit to any rent due under this Lease.

    If Landlord sells or assigns the leased premises, Landlord

    shall have the right to transfer Tenant’s security deposit to

    the new owner or assignee to hold under this Lease, and

    upon so doing Landlord shall be released from all liability to

    Tenant for return of said security deposit. This Lease is not

    considered to be fully executed until the security deposit

    has been paid. The lease may be canceled by either party

    until the security deposit has been paid.

    In compliance with Colorado Code 38-12-103:

    A landlord shall, within sixty (60) days after the termination

    of the lease or surrender and acceptance of the premises,

    whichever occurs last, return to the tenant the full security

    deposit deposited with the landlord by the tenant. In the event

    that actual cause exists for retaining any portion of the

    security deposit, the landlord shall provide the tenant with a

    written statement listing the exact reasons for the retention

    of any portion of the security deposit. When the statement is

    delivered, it shall be accompanied by payment of the

    difference between any sum deposited and the amount

    retained. The landlord is deemed to have complied by mailing

    said statement and any payment required to the last known

    address of the tenant. Nothing shall preclude the landlord

    from retaining the security deposit for nonpayment of rent,

    abandonment of the premises, or nonpayment of utility

    charges, repair work, or cleaning contracted for by the tenant.

  • #2
    This is federal law. If you did not have a dog at the time of signing you are now changing the terms, therefor the landlord can request a deposit as well as a completely new lease
    Alan Plager
    Berkshire Hathaway HomeServices
    Top Ten for units US 2015
    Over 6,000 Units Sold
    Toll Free 1-888-722-2098
    Office 727- 451-8776


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