Legal Question in Real Estate Law in Pennsylvania

Re: If I take my landlord to small claims court for failure to return security d

You intially have the burden to prove that the security deposit was not received. Then the burden shifts to the Landlord to substantiate the reason he did not return the security deposit. The lease must be reviewed by a qualified attorney in order to properly advise as to whether the continuation of the lease was month to month or whether the lease was automatically renewed for the period of the original lease. Under Pennsylvania law the Landlord is required to return the security deposit within thirty day of the lease termination and give notice to his tenant in writing as to any damages suffered and deducted from the deposit. A failure to provide such notice or reason of the refusal to return the deposit subjects the Landlord to liability for double the amount of security deposit. The fact the Landlord did not inform you of any damages at the time of inspection will work against him if you have witnessess to substantiate the inspection. The notice within thirty days of the damages is a key element that should not be overlooked. Suggest you consult legal counsel in your local area.