Legal Question in Landlord & Tenant Law in Pennsylvania
Security deposit reimbursement
In reading others' questions, I understand that after 30 days of moving out of an apt, I am entitled to a security deposit refund and/or detailed list of expenses. Well, none of that has arrived, and I've been in contact with my ex-landlord several times, requesting the security deposit. Now that it's been over a month, I want to know what money I am LEGALLY entitled to....interest? double security deposit? And how can I go about getting this back? I also have copies of emails I've sent with my fowarding address. In addition, I've moved out of the area, so I don't know who to contact and how. Thanks a lot!
1 Answer from Attorneys
Re: Security deposit reimbursement
Under the Landlord Tenant Act of 1951 the landlord must with in 30 days of you turning the apartment back to the landlord either refund your security deposit or give you a listing of damages he is using the security deposit to pay for. If the charges don't exceed the security deposit then you get the remainder.
There is a catch. You must have provided your landlord with you new address.
If the landlord fails to return your security deposit after 30 day he is barred from claiming any damages. Unless when you sue him for the security deposit you ask for double the deposit back. So unless you have pictures or good witnesses to prove there were no damages I don't advise going after double the deposit.
Assuming you sue successfully you also get the costs of filing the suit.
The bad news is that if the landlord loses he can appeal to Common Pleas Court for a new trial. So a determined landlord can delay paying you for a while.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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