Legal Question in Real Estate Law in Pennsylvania
refuses security refund
I lived in my apt for one year with a one year lease. After that in Feb it became month to month. On MArch 6th we told my landlord we were moving. In my lease it did say 60 days notice but she told us that as long as she rented the place by the end of the month she would give me my security deposit back. Well she insisted we move out by march 30th because she had someone moving in March 31st which they did. Today i got a letter from her stating she is keeping the whole deposit due the house being dirty(fan had dust on it and the oven was supposedly dirty and a few minor things. She even asked for my forwarding address so send the check knowing full well she had no plan on sending it due to breaking my lease. She never lost rent moneyand she refuses to give me back my security. How can i get it back. i live in PA
2 Answers from Attorneys
Re: refuses security refund
You would have to sue her for it. Under the Landlord Tenant Act she had 30 days to provide you with an estimate of the damages. If the estimate exceeds the security deposit than you owe her the difference. If its less than the security deposit then she owes you the difference.
If she just arbitrarily with holds security deposit it violates the consumer protection law as well.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: refuses security refund
You asked about getting your rent deposit back.
For some reason, anyone that becomes a landlord seems to lose sense of what is right and wrong.
Look up the state and local law regarding tenant's right and refund of security deposit. Then bring a claim in small claims court demonstrating that you are owed your full security deposit back and if allowed, damages (occasionally wrongly withheld deposits can get triple damages).
It is pretty simple to sue in small claims and proving your case should be a snap. Chances are once you provide her notice you will magically see your entire deposit returned.
I've rented, and my landlords all knew I knew the law, and every single landlord kept my deposit. I've sued every single one and only lost once and that was due to an error in their service of process on their part, which I could not correct.
It will provide a nice learning experience for you and the ultimate victory is a real hoot.
Regards,
Roger
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