Legal Question in Landlord & Tenant Law in Pennsylvania

Prorated first month's rent

my first month's rent was prorated back in Oct. 2005. Due to a tree problem in the yard. So I paid $1300 in security not including my last month rent. Now two years later my landlord wants to take $650 from my security for the first month's prorated rent. Can that be legally done? By the way it has always been a month to month lease.


Asked on 12/28/07, 11:34 am

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: Prorated first month's rent

If your landlord took a security deposit equal to 2 months rent he can only keep it for a year. After you have been there 1 year he should have returned $650 to you.

Also security deposits may only be used for damages and/or unpaid rent.

So the short answer probably not.

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

{John}

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Answered on 12/28/07, 1:31 pm


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