Legal Question in Real Estate Law in Pennsylvania
Getting back a security deposit after an amicable lease break
I decided to break my apartment lease to take a job oppurtunity in another state. I notified my landlord three weeks before I moved out to let them know the situation. We mutually agreed that I would continue to pay rent until they were able to find a suitable tenant. Two months after I left the premisis, they found a new tenant. I inquired about recieving a refund of my security deposit because I had fulfilled my obligation to the agreement. Only a portion of my security deposit was returned to me, with the explanation that the remainder was used to repaint the walls, shampoo the carpets, and clean the stove and refrigerator. It stated no where in the lease, that these specific cleaning needs were to be met upon my departure. I only lived in the apartment for nine months. Not only were there were no damages, but I actually made improvements to the apartment while I was a tenant. I cleaned, vacuumed, and mopped when i moved out, and the apartment was very much in rentable condition. Can my landlord legally use the security deposit for general cleaning and repainting?
1 Answer from Attorneys
Re: Getting back a security deposit after an amicable lease break
Ordinary wear and tear is the landlord's responsibility unless specifically recoverable within the lease. Tenant has the duty to repair where such is expressly stated in the lease. There is a difference between a repair and ordinary wear and tear. Unless otherwise stated in the lease, tenant's duty is only to keep the premises in good repair, namely that the tenant shall not waste or damage the property owned by the landlord. Of the types of waste, neglect is one and another is alterations that arguably increase the property value.
Based on your facts, and notwithstanding any provision of the lease to the contrary, the items being withheld from your security deposit should not be withheld. If the landlord has set notice upon you that such withholding is for the express purposes that you state, you should contest this matter and consider filing a small claim to re-coup the amounts withheld. The landlord's notice can be used to refute any statements that are made that the withholding of your security deposit is for any other reason but the skill of an attorney to do such in court is advised. Other avenues of recovery exist. If you would like a demand for repayment, I am available for a reasonable flat fee.
Hope this helps. I am a general practice attorney accepting cases and appreciate referrals.
G. Joseph Holthaus III
(410) 799-9002
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