Legal Question in Landlord & Tenant Law in Pennsylvania
Landlord Tenat act; Within 30 days?
I recently received a letter from my former landlord listing damages to the dwelling. I researched this law came up the Landlord/Tenant act. It states this letter needs to be given within 30 days of the termination of the lease. Does this letter apply from when it was post marked, dated, or received by me. Also, if I receive this letter on the exact date of the 30 day limit, is it too late for him to recoup damages? Thank you.
2 Answers from Attorneys
Re: Landlord Tenat act; Within 30 days?
Thirty days is thirty days. If the 30th day falls on a weekend or holiday, then it is the following day. And it's 30 days from the last day of the lease. I would say that it would have to be postmarked within 30 days (or on the 30th day). The security deposit, or what's left of it after deducting the damages, has to be returned in the same time frame.
What Attorney Johns said MAY be correct; but remember, if he hasn't returned the deposit in a timely manner, you can sue for double the amount of the deposit. Therefore, if he did not timely send the letter, and subsequently sues for damages, you may be entitled to credit of the damages up to two times the deposit.
Re: Landlord Tenat act; Within 30 days?
Pa law and Civil Procedure include the last day of the deadline. They also exclude weekends and holidays. The question that really needs answering is do you have damage that you are responsible for. Even if the 30 day deadline may have expired, the landlord could still sue and recover the money for damage caused, he would of course have to comply with the act and return the deposit until he was successful.
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