Legal Question in Landlord & Tenant Law in Pennsylvania

Return of Security Deposit

LL evicted tenant, leaving less than 30 days to vacate, citing dog defacation on lawn. Eviction effective May 31, 2006. No warning notice given - can LL do this? Second, LL said there would be ''no issue with security deposit'' and that she normally waits, but would mail deposit right away. None has been received to date. Should I contact LL (who I think will unfairly withhold most of security anyway)- or do I have more of a chance to collect more money if I wait until 30 days are past? Same LL raised neighbor's rent from $695 to $900, citing neighbor let my dog defacate on lawn (which is not the case). Can a rent be increased like this because of this?


Asked on 6/22/06, 1:22 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: Return of Security Deposit

As today is June 22, 2006 the question is whether the tenant was evicted? Under the law there is a notice requirement but if the eviction happened then the violation goes to damages.

The landlord tenant act is pretty clear with in 30 days of leaving the landlord must do one of 3 things.

Present a bill for damages that equals or exceeds the amount of the security deposit. In which case you get nothing.

Present a bill for damages that is less than the amount of the security deposit. In which case you get the amount of the security deposit less the cost of the dames back.

Fail to present a bill in 30 days. In which case you get the whole security deposit back.

Note: The landlord gets a pass if you haven't told him of your new address.

Under the act a landlord who doesn't either give you a list of damages or the security deposit with in 30 days can be sued for twice the amount of the security deposit. Though I would NOT do that. If you do he can claim damages against you this can be more than the security deposit so you'll owe the landlord.

If you only sue for the security deposit then he can't claim damages against you.

If you have any questions feel free to call. The initial consultation is free.

{John}

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Answered on 6/22/06, 1:38 pm


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