Legal Question in Real Estate Law in Pennsylvania
How could the landlord take the security deposit?
My friends & I reserved a house in the Poconoes with a security deposit of $200.00. When we paid the rest of the $$ (which was 3 weeks before the date of the rental), the landlord said that we paid the remainder of the money too late and that we would not be able to rent the house or get back our security deposit. There is more to the story, for example, he left a horrible message on my voice mail at work telling me that I was a liberal, and because of my ignorance, I lost $200.00...I still have the tape of his ranting. There was no verbal or written agreement to have the money to the landlord at a particular time, however, they did call several times during the week that they said the money was due. They said that the remainder was due Friday 10/13 and we did not have the check to them until Wednesday morning, 10/18 (sent via UPS). We were supposed to rent the property from 11-3 to 11/6. Please let me know what you think. Thank you!
2 Answers from Attorneys
Re: How could the landlord take the security deposit?
The landlord is acting improperly. The antire matter must be reviewed. I suggest that you contact the Pa. Attorney General's office or the local Consumer Protection Bureau. If the realtor is a licenced broker you can report him. A letter from an attorney may get you some action Suggest you consult legal counsel in your area.
Gerald M. Hershenson
215-579-9390
www.geraldhershenson.com
Re: How could the landlord take the security deposit?
All contracts for the sale, lease or rental of real estate. Did you rent from a realtor, or an individual? I'm assuming this was an individual. Still, this person was required to put your agreement in writing, so he has a problem. A letter spelling this problem out may be sufficient to rectify this problem, but I assume they have another renter, or he would still take your money and rent to you.
What exactly WAS the oral agreement you had? His defense would be that you had an oral agreement, and that you breached this agreement, or there was an anticipatory breach, therefore he acted to re-rent the property to minimize his damages, which he may be allowed to do.
Where did the 'liberal' comment srise from? Are you alleging discrimination? This would compound the matter...
As usual, you need to contact an attorney to first send a letter, and see if you can get your week, or esle another week, or if nothing else will work, file suit and seek money damages.
Good luck,
Kevin J. Begley, Esq.
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