Re: Why do you charge pet fees? - Landlord Forum thread 150011

Re: Why do you charge pet fees? by Terry (ca) on January 18, 2008 @02:27

Umm...like it or not when you are court..it is always best to be extremely respectful even if you HATE what is coming from the person running the case.

And quite frankly I don't believe in pet FEES either. To say it's rent for pet..then what happens when a pet dies? Do you refund the fees/reduce the rent? It's illegal in CA but even if it wasn't I would never charge a fixed pet FEE or pet RENT. I would simply increase the security deposit to accomodate the extra risk of damage to my property.

BUT in states where security deposit is limited by law to only one month's worth...I MIGHT consider a fee - depends on the state.

Sorry I think you should NOT take ANY action and I think you lost yourself the case based on your behavior.

This is why going to court to OBSERVE way ahead of your case in a good idea..to see what ticks off that particular judge/magistrate, etc. So that you can be most effective.

Sounds like you really had no solid answer (as it is hard to find one..priviledge of having a pet rarely works in court). Also you should only have claimed depreciated value (remaining useful life) for carpet replacement and of course have samples, etc. for them to evaluate.

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Re: Why do you charge pet fees? by OHlandlord (OH) on January 18, 2008 @13:01

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Terry, we are limited in the security deposit we may accept in OH. Not by the amount of the deposit, but because of the exhorbitant interest we must pay on any deposit over one month's rent. Here we are forced to pay the tenant 5% per year on any deposit over one month's rent. (Highest required rate in the nation!) Where can we make that amount of interest on their deposit and still have the money accessible within 30 days if they suddenly vacate? You couldn't put it in a CD or a bond - you'd have to pay those high penalties for early withdraw. They wrote this law many decades ago when interest rates were high and have never changed it. Very few LLs here accept a higher deposit because of this.

This is why we charge pet fees in this state. I do the same myself. Non-refundable pet fees and pet rent. The fees are for the privledge of having a pet, the rent is for the extra wear & tear the pet causes. It is not for damages (as stated in the lease and the pet agreement).

If the other party in the case has an attorney who has the right to object in court, and you are representing yourself, why wouldn't you have the same rights? The magistrate could have calmly dismissed your objection, just as she would one from the attorney if it had no merit. Maybe she doesn't like LLs. Nonetheless, she is the voice of authority there, so you have to listen and be respectful of course.

You may be able to appeal the result of the case to the next higher court or official. What was the final outcome, Monica?

Re: Why do you charge pet fees? by Monica (Oh) on January 18, 2008 @17:01	[ Reply ]

They don't make a decission right away, I will get something in writing in about 30 days. Iam not concerned with winning the pet fees, all I expect is carpet replacement depriciated of course and unpaid rent, cleaning and damages which all total over $4,000.00 after deducting their security deposit. My issue was how the magistrate behaved, it was bad. She was clearly discriminating maybe not because of race, can't prove that,but she was against me. She was the same magistrate who oversaw my eviction and was really trying hard to find a reason to throw my case out. I almost felt like I might remind her of someone her husband left her for. Other than the eviction, I have had no ties or dealings with her. She didn't have much to say to the defendants court appointed attorney when he answered his phone in the middle of this hearing.