Legal Question in Landlord & Tenant Law in Pennsylvania

Security Deposit

My old apartment complex is refusing to return my security deposit, and attempting to charge me an additional $800 for carpet replacement.

The damage to the carpets was caused by a flood in the apartment, due to a faulty washing machine overflowing in the apartment above mine. Every other washing machine in the quad had been replaced within the previous six months. Maintenance workers cut up the carpet, placed shop fans in the apartment to dry it out, replaced some of the carpet padding, and stapled the original carpet back into place.

I referenced the incident in several letters to management.

I received a letter within 30 days of moving out explaining the charges and asking for payment. I replied with a certified letter saying that the damage was their own fault and demanding the immediate return of my deposit. I have not heard back from them since I sent that 6 weeks ago.

I have the forms to file in small claims court, but I have no idea what to write other than ''Security Deposit Dispute''.

Do I have a case here? How should I proceed?


Asked on 12/01/08, 9:09 pm

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

Re: Security Deposit

The good news is you don't have to write short numbered paragraphs. Just write up what happened and ask for your deposit back. You also will get your filing fee back.

Have copies of all the correspondence from both you and the landlord. Make extra copies so that when you use them in the DJ court you don't have to get them back most likely you won't.

Also, if you want any of the maintenance folks to testify you can subpoena them. You can even subpoena the defendant otherwise he is under no obligation to show up.

If you can before your trial see if you can watch similiar trials at the same DJ office. See what impresses the DJ and what ticks him off.

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

{John}

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Answered on 12/01/08, 10:49 pm


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