Legal Question in Landlord & Tenant Law in Pennsylvania
landlord keeping all of security deposit due to wear and tear
I have rented an apartment for five years. I have always paid my rent early and have been a wonderful tenant. Have not bothered the landlord for much of anything. I moved out several months ago, even paying the last two months rent on the lease when the apartment was vacated. I received a letter from the assistant manager that they are keeping my whole security deposit for wear and tear and two holes in the carpet which were due to wear and tear. The carpet was old when I moved in. They say the oven needs cleaning and they are holding money for that. I cleaned the whole apartment after I moved out, and it was spic and span. Can they hold the security deposit for normal wear and tear? I had heard that they are required to replace the carpet by law after five years anyway.They are also keeping any interest I would have received on that money. What recourse do I have?
3 Answers from Attorneys
Re: landlord keeping all of security deposit due to wear and tear
A letter from an attorney demanding the money or threatening suit often works. Carpet replacement after five years is not going to stand up in court. I offer free consultations.
Re: landlord keeping all of security deposit due to wear and tear
Landlord has 30 days from the end of a lease to either return the deposit or send you an ITEMIZED bill, detailing what needed to be repaired and how much it cost to repair. If this is not done w/in 30 days, you can sue for double your security deposit, regardless of the damages done in the apartment.
Also, if they have a management company, it is often hard for them to prove what some things cost to repair (e.g., the oven cleaning. They have people on staff who are paid regardless of what they do that day. How much did it cost them to clean your oven? Answer: zero). With regard to the carpet, they will have to show cost of replacement.
Again, though, if you did not get the list from them w/in 30 days of the end of the lease, you can sue for double your deposit.
Pointing this out in a letter to them, from an attorney, offering to settle for just the amount of your deposit, will usually have the effect of your deposit being returned.
Re: landlord keeping all of security deposit due to wear and tear
I agree with both of my esteemed colleagues...if you wish more information on point please visit my website at www.AlleghenyAttorneys.com
My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law
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