QUESTION
Can I Sue if a Realtor is Relabeling a Pet Deposit as. Pet Fee
Asked on Apr 26th, 2021 on Civil Litigation - Utah
More details to this question:
So I hired my Friend to watch my dog for 1 month. I She asked her landlord for permission. (Physical evidence) - Her Landlord said a $1500 deposit would be a fair. - Her Landlord Received my payment titled “deposit for dog” via venmo. - One month later, Landlord claimed the deposit was a pet fee after I took back my dog. - the following week, offered $500 back if there was no damage. - 2 weeks after that (along with 3 ignored messages), called it a service fee , and said there’s no refund for the service. - Other Potentially important info: I told my friend I’d pay her after I got the deposit back. This was a separate verbal/written agreement not an addendum to friends contract. I believe this as an act of negligent misrepresentation or Fraudulent misrepresentation I believe I can sue for the $1500 deposit, the interest I gained on the loan I used to pay for this, and punitive damages. Is this claim strong, can,I sue, and is there any suggestions I’m missing?
1 ANSWER
You are claiming that the landlord breached your contract, which was, according to you.,to allow your pet to stay in the building as long as you left a deposit, which would be returned if your pet caused no damage. Assuming that the court believes your story (the notation on the payment will be helpful, but I don't know what evidence the landlord has on his/her side), and not the landlord's, you would be entitled to the return of your deposit, plus interest at whatever the Utah statutory rate is for the extra time the landlord kept it. Unless Utah law is very different from the law in the states in which I practice, you have no right to punitive damages, and anyway a small claims court would probably not have the power to award any. You also probably do not have the right to the interest you incurred on your loan, unless you informed the landlord at the time you contracted that you would suffer this damage if he/she breached, since this would be consequential damages which are not recoverable unless they were within the contemplation of the parties at the time of contracting.
Answered on Apr 27th, 2021 at 8:05 PM