Can landlord require a non-refundable pet deposit?

Question: A new job required me to relocate to a new area, and I decided to rent a room at a hotel designed for longer stays. I signed a month-to-month rental agreement and paid a half-month’s rent as a pet deposit for my small dog.

After six months, I found a permanent place to live, and I gave the manager a 30-day notice to vacate. I paid all my rent on time and in full. In addition, prior to moving out I requested an initial inspection, and the manager signed an inspection checklist stating that my rental unit was perfectly clean and without damage.

After I moved out, however, I received a letter from management stating that my pet deposit was being withheld because it was designated a “non-refundable pet deposit” in the rental agreement. Is this allowed despite the fact that I left the rental unit in a perfectly clean condition?

Answer: We receive numerous calls from tenants inquiring about pet deposits, cleaning deposits and other creatively designated deposits and/or fees. California Civil Code section 1950.5 sets forth the rules governing security deposits and deals specifically with the confusion surrounding your situation.

Any fee, charge or payment made with the fundamental purpose of protecting a landlord against damage to the property (including a so-called pet deposit) should be treated as a security deposit. The landlord is therefore obligated to conform to the security-deposit rules, which state that non-refundable deposits are not allowed in California.

As a result, having cleared you of any damage or cleaning obligations at the initial move-out inspection, the landlord has no recognizable basis to withhold any of your deposit, including the pet deposit.

We suggest you inform the landlord in writing that this pet deposit should be treated like a regular security deposit, there was no damage and you expect your full deposit to be returned to you. Consider contacting a local fair housing or mediation program, or Project Sentinel at (888) 324-7468, or visit our website at https://www.housing.org.

Van Deursen is director of Dispute Resolution Programs for Project Sentinel, a Bay Area nonprofit. Send questions to info@housing.org.