Can I charge a tenant for additional pet damage after returning their deposit?

Full question:

I rented to a tenant with 3 cats. I noticed urine odor strongly in a few areas of the house upon doing the move out inspectection and had them treated. I returned her deposit within 21 days but am now noticing more areas that are damaged from pet urine and stink very badly. Can I still charge her for the damage caused by her pets?

  • Category: Landlord Tenant
  • Subcategory: Security Deposit
  • Date:
  • State: California

Answer:

In California, landlords can claim damages beyond the security deposit for issues like pet damage. Although you returned the deposit within 21 days, you may still charge the tenant for additional damages if they were not discovered during the initial inspection. The law allows landlords to deduct for damages caused by the tenant or their guests, excluding ordinary wear and tear (Cal. Civ. Code § 1950.5).

However, if you did not identify the damages before returning the deposit, the tenant might argue that you waived your right to claim them. The court will consider the circumstances to determine if the damage should have been discovered earlier. To proceed, ensure you document the additional damages and provide the tenant with an itemized statement of the costs incurred.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To remove cat pee smell from a rental house, start by cleaning the affected areas thoroughly with an enzymatic cleaner designed for pet odors. These cleaners break down the urine compounds. After cleaning, ventilate the space by opening windows and using fans. You can also sprinkle baking soda on carpets and upholstery, let it sit for several hours, and then vacuum it up. If the smell persists, consider professional cleaning services that specialize in pet odor removal.