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  1. #1
    Join Date
    Jul 2016
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    Denver, CO
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    Default Can a Landlord Require a Pet Deposit Not Described 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. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Landlord Require a Pet Deposit Not Described in the Lease

    From what you have written, you have the right to have one dog without paying an additional deposit. Your landlord can only change your lease at the end of its term.

  3. #3
    Join Date
    May 2016
    Posts
    5

    Default Re: Can a Landlord Require a Pet Deposit Not Described in the Lease

    It is unclear from OPs post whether there are 3 apartments in the 'house' or whether they are 3 roomates dividing a house. It will make a difference on how to interpret the 'one dog' since the other two already have dogs.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can a Landlord Require a Pet Deposit Not Described in the Lease

    Quote Quoting Mr. Knowitall
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    From what you have written, you have the right to have one dog without paying an additional deposit. Your landlord can only change your lease at the end of its term.
    Playing devil's advocate for a moment:

    Tenant shall observe all rules and regulations of Landlord concerning pets,
    So, if a pet deposit is a "rule" or "regulation" applied to all tenants, what then?

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Landlord Require a Pet Deposit Not Described in the Lease

    Quote Quoting adjusterjack
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    So, if a pet deposit is a "rule" or "regulation" applied to all tenants, what then?
    Then the landlord has a problem, because a deposit isn't a rule or regulation, nor is it possible to revoke or amend a provision of the lease by announcing, in effect, "I'm unilaterally imposing a new rule that takes away your express rights under the lease contract."

  6. #6
    Join Date
    Jul 2016
    Location
    Denver, CO
    Posts
    2

    Default Re: Can a Landlord Require a Pet Deposit Not Described in the Lease

    Quote Quoting llord
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    It is unclear from OPs post whether there are 3 apartments in the 'house' or whether they are 3 roomates dividing a house. It will make a difference on how to interpret the 'one dog' since the other two already have dogs.
    It is a house that got retrofitted into 3 separate units (basement, main floor, and second floor with external stairs). There are 3 separate leases for each unit. The only shared space is the backyard. As of now each unit has their 1 dog they are allowed (including myself).

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