Legal Question in Real Estate Law in Pennsylvania
Security Deposit Return after 30 days
My landlord did not return my security deposit or a letter within the required 30 days after I moved. Now he is saying if I file a claim he will countersue because I did not leave a forwarding address. I left a letter with my forwarding address and keys in an envelope. He says he received the keys but not the letter. My address was forwarded with the post office and my work or home phone number did not change. Can I still win? Thank you.
2 Answers from Attorneys
Re: Security Deposit Return after 30 days
In Pennsylvania the forwarding address is not
a claim, only a defense. Therefore, there is no
problem with a "counter-claim" (i.e. damages for not
leaving an address). The written notice of forwarding
address issue is a question of fact that will be
decided in court by the fact-finder, probably the
district (local) court judge. In my view you will
very likely win that one, since it appears that you
knew of the requirement and wanted the deposit back.
Check the landlord-tenent statute for you remedies.
Good luck, Bill McLaughlin, Esq. 610-644-4545
Re: Security Deposit Return after 30 days
Don't make things complicated. The rule that you give your forwarding address is to protect you, not him. Give him your address and 10 days to get you your security back. If he doesn't, file suit, and he will lose.
Good luck.
Kevin J. Begley
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