Landlord Rights If Tenants break lease based on false repair needs?

[questions1]

What is the name of your state (only U.S. law)? Pennsylvania
Tenants signed year lease in May 2016. They sent by email, not a letter, their notice of 30 days to vacate on Sept 3. They claimed that the heater had been making a burning odor, dishwasher was not working correctly, etc. They did not notify us of any of these issues which is required in the lease until they used it as notice to vacate. The lease states we must be contacted immediately if anything needs repair. We hired a repair person to check on these issues, and things such as the dishwasher was not working because there were plastic items they had left in bottom of dishwasher. They have already vacated and are requesting their deposit be returned. We do not agree that their deposit be returned. They vacated without giving us the opportunity to have anything repaired if there was anything that needed it, they left the house mostly but not completely clean. We do not want to pursue them for the balance of the lease, however, do we have the right to keep the deposit?

 

[LdiJ]

What is the name of your state (only U.S. law)? Pennsylvania
Tenants signed year lease in May 2016. They sent by email, not a letter, their notice of 30 days to vacate on Sept 3. They claimed that the heater had been making a burning odor, dishwasher was not working correctly, etc. They did not notify us of any of these issues which is required in the lease until they used it as notice to vacate. The lease states we must be contacted immediately if anything needs repair. We hired a repair person to check on these issues, and things such as the dishwasher was not working because there were plastic items they had left in bottom of dishwasher. They have already vacated and are requesting their deposit be returned. We do not agree that their deposit be returned. They vacated without giving us the opportunity to have anything repaired if there was anything that needed it, they left the house mostly but not completely clean. We do not want to pursue them for the balance of the lease, however, do we have the right to keep the deposit?

I am guessing that they are going to sue you for the return of their deposit, based on their claim that they were moving due to repair issues. Also, if you are able to re-rent the property quickly, that could be problematic as well.

You certainly can deduct for any needed cleaning or damage caused by the tenant. You can also deduct costs involved in re-renting the property, but you can only put the rest of the deposit towards rent if you are not collecting rent for the same period from a new tenant.

 

[questions1]

Landlord/tenant PA

What is the name of your state (only U.S. law)? Pennsylvania
Tenants signed year lease in May 2016. They sent by email, not a letter, their notice of 30 days to vacate on Sept 3. They claimed that the heater had been making a burning odor, dishwasher was not working correctly, etc. They did not notify us of any of these issues which is required in the lease until they used it as notice to vacate. The lease states we must be contacted immediately if anything needs repair. We hired a repair person to check on these issues, and things such as the dishwasher was not working because there were plastic items they had left in bottom of dishwasher. They have already vacated and are requesting their deposit be returned. We do not agree that their deposit be returned. They vacated without giving us the opportunity to have anything repaired if there was anything that needed it, they left the house mostly but not completely clean. We do not want to pursue them for the balance of the lease, however, do we have the right to keep the deposit?

The house has not been rented yet-it is vacant. It was listed for rent immediately when they gave notice to mitigate their vacancy. Don't they have a responsibility for not complying with the lease?

 

[adjusterjack]

do we have the right to keep the deposit?

If you have to ask that question you have no business being a landlord.

Have you ever read the PA landlord tenant act?

Here it is in case you haven't.

https://www.thelpa.com/PA_landlord_tenant_act.pdf

And here's the security deposit part by itself:

https://www.thelpa.com/lpa/landlord-tenant-law/pennsylvania-security-deposit-law.html

As for re-renting, PA law is clear that a landlord has no duty to mitigate by re-renting upon the breach by a tenant. Scroll down a little more than half way for the explanation in this case decision:

http://caselaw.findlaw.com/pa-supreme-court/1417003.html