Legal Question in Landlord & Tenant Law in Pennsylvania

rental obligations once expired

I've lived in a townhouse for 4 years with no problems and always paying the rent on time. The last 2 years I did not sign a new lease because my landlord did not provide it. Due to life changing events, I prepared to move out and sent notice in writing. Due to circumstances beyond my control, it was not a 30 day notice (but does that matter if I'm not under a written contract?). I moved out at the end of the month after talking to them and having a verbal agreement from them that the circumstances/notice were ok. Since moving I have written to inform them of any problems with the move (e.g. vacuum broke midway through the final clean-up) and to make sure everything was ok and see if they needed me to do anything more to the property (in an act of good faith to help speed their ability to re-rent).Now after 5 weeks since the move I have received a certified letter stating that they will not return the security deposit and that I owe for damages on top of the original deposit. Any damage that may be my fault I am willing to pay but what can be expected from me? Should that so-called damage come from the deposit? Does the notice matter? Can they charge me the deposit, the damages and rent until someone else rents it?thanks


Asked on 12/06/05, 9:31 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: rental obligations once expired

First, because you has no written lease you were on a month to month basis with your landlord. The fact he didn't provide a lease works against the landlord. Normally, in this situation you would have to notify the landlord 1 month before your departure. However, they verbally waived that requirement.

Assuming they had your new address the landlord must with in 30 days either return your security deposit less any property damage beyond normal wear and tear. For example if they alway paint the apartment between tenants they can not charge for that but say there were burned out lightbulbs they could charge. It's pretty easy for landlord to "use" up the security deposit.

Because its a month to month you generally aren't on the hook for the lost rent. The money he wasn't able to get because the apartment was vacant. However, you may want to see if there was an automatic renewal clause in your last lease. The landlord may try to rely on it. Without seeing the lease I can not say if that would do much for the landlord's claim.

{John}

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Answered on 12/07/05, 8:59 am


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