Legal Question in Criminal Law in Pennsylvania

Landlord cashed 2 unauthorized rent checks; witholds security deposit

In confusion of traveling, I issued two checks for rent two consecutive months of this year.

First instance: Landlord informed me that I gave him two checks for that month and stated he would destroy the second check. As I now know, he deposited both checks.

The following month, I made the same mistake. I was out of town for a trial for many months and lost track because of the expenses flowing through my bank account. He cashed the double rent payment again.

My rent was $1525 per month, so I overpaid him, and he willingly cashed 2x that, or $3050. This occurred approximately 6 months ago. I found this out when applying for a mortgage, and was going through my past rents paid. There were significant dollars flowing through my account during this period, (because of the travel) and I did not notice the double rent, 2x.

Also, he's not returned my security deposit (another $1525) after agreeing to in full following a inspection of the property. He called to confirm my new mailing address to send the deposit, but it has not arrived. I believe he was ''buying time'' with the phone call. It has been approximately 45 days since I vacated.

What is my recourse?

Thank you kindly,

Blaine


Asked on 11/05/05, 11:52 am

1 Answer from Attorneys
Konrad Jarzyna The Law Offices of Cozzi & Jarzyna

Re: Landlord cashed 2 unauthorized rent checks; witholds security deposit

Dear Blaine,

I believe at this point a letter from an attorney could "motivate" the landlord to return the money. The check your landlord deposited after you told him about your mistake, might qualify as theft. Feel free to contact me and we can try to resolve this situation. Best of luck! Konrad

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Answered on 11/05/05, 12:04 pm


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