Legal Question in Landlord & Tenant Law in Pennsylvania

My tenent signed a 12 month lease to begin on 1/1/12. SHe gave me 1/3 security and 2 weeks later , called and said she could not affort the rent and would not be moving in. Her rent check came in the mail for january , now she is calling for her security to be returned. I asked her if she plans on paying for February if it is not rented and she said no. Must I return the security deposit immediately. I have been advertising the home for rent in the local paper and on an internet site?thanks for any assistance you can give me. Maggie


Asked on 1/04/12, 3:53 pm

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

The real question is did your tenant sign a Lease. If so, then the Lease should provide for this type of problem. Generally, a landlord must return the security deposit within 30 days after the tenant moves out, or provide an itemized list of damages, and their cost, to the tenant. In a situation where the tenant never takes possession, this rule would probably not apply. If she signed a lease, it would seem that you have an action against her for breach of contract, and would be entitled to damages for the period that you took the premises off of the market, less any money that you may recoup from a new tenant. Without a Lease, however, you have a much harder case. You should probably schedule a meeting with a local attorney to go over your options. Most attorneys charge nothing or very little for an initial consultation. This would be the only way to find out where you stand.

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Answered on 1/04/12, 4:19 pm


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