Legal Question in Landlord & Tenant Law in Pennsylvania
What are my rights as a tenant?
The rent due date is the 5th of the June, I moved out on the June 9th . The landlord was notified verbally 2 months in advance of this unexpected moved. A written notice was never sent out. I signed a 1 yr lease that ended in April. While loading the moving truck I am served by the sheriff with a notice to appear in court on June 30th because my rent is late. FYI: The landlord drove pass the house 3hrs prior. By the way, this is an out of state move. Currently, the landlord has a deposit of $1700 which includes the last mos rent & sec dep. The court date was postponed by the judge till July 11th. In court the landlord states I abandoned the property and states I owe June & July rent. Can he do this? Is this worth me getting a lawyer? I don�t care if he keeps the $1700 but I feel as though I shouldn�t have to pay him anymore money. And to top it off he�s taking advantage of the fact that the court date was postponed to July , so now I owe July rent too!
1 Answer from Attorneys
Re: What are my rights as a tenant?
When your lease ended in April, you were then on a month to month arrangement. You owe June's rent because you were not out before June began (or before the 5th, depending on what date your original lease took effect).
The landlord isn't likely saying you owe July rent because of the postponed hearing date. He's trying to say that if you're there past the 1st (or the 5th) that you automatically renewed for another month under the principles of month to month leases.
With regard to the security deposit--it is a security deposit regarding damage, not rent. Therefore, the landlord still has to return it to you within 30 days or send you an itemized list of damages to show the amount of damages that are being subtracted from the security deposit, and then return the rest to you.
If this does not happen, you should consider countersuing for the security deposit. Under PA law, you can seek 2x the security deposit if the landlord doesn't either return the deposit or an itemized list of damages as described above within 30 days.
That may give you some leverage in getting the amount you owe down. Now--if you don't appear at the hearing, the landlord will be awarded the amount that he's seeking. Therefore, you need to appear at the hearing. Yes, you should also hire a lawyer.
Of course, if the landlord gets a judgment against you, he will still have to collect on that judgment, which will not be easy for him if you're out of state, but it's still better to appear and defend the suit.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
