Legal Question in Real Estate Law in Pennsylvania
Landlord withholding security deposit
My landlord claims my roommates and I damaged the carpets and is withholding 33% of our security deposit. We had the carpet professionally cleaned prior to leaving and are befuddled as to the nature of the damage he is claiming. We requested pictures he claims he has of this alleged mess we made, but refuses to send copies to us, claiming he would rather produce them in court.
Question: What right do we have to see these pictures, and would an affadavit from our rug cleaner force him to pay us the remaining balance?
2 Answers from Attorneys
Re: Landlord withholding security deposit
John Davidson made good points.
Additionally, PA law _requires_ that landlords provide a refund of the security deposit within 30 days of your leaving the leased property, or if any part of the security deposit is withheld, an itemized listing of repairs and the amounts for repairs. Of course, this depends on tenants providing the landlord with forwarding address and leaving the rented property by the end of the lease term.
Whatever communication you have with the landlord should be in writing, sent via regular [U.S.P.S.] mail as well as via Certified Mail, Return Receipt Requested.
If the landlord still stonewalls you, you may want to consult with a local real estate lawyer for further advice.
Re: Landlord withholding security deposit
Withholding them till court might hurt his case as he will have to explain to the judge why he wasted the courts time. If the pictures were so convincing why not just show them to you to get you to settle without going to court.
If your rug cleaner backs you up bring him with you to court. The landlord does have the right to confront him and he can only do that if the man is there to answer questions.
If you have any questions feel free to contact me. The initial consultation is free.
{John}