Financial Burden-Disability-Need to break lease

[Steamer]

I have been renting an apt. in PA. for 6 years, now. I origionally signed a lease on Oct. 24,1994 but was continuing the previous tenants lease, which was ended March 31st,1995. I was given a new lease that began April 1, 1995. I am now experiencing a financial burden due to an injury I sustained (not having anything to do with this rental property) and am on long term disability through my employer. I am receiving only 60% of my paycheck and am completely unable to pay the rent and all the utilities, which aren't all split, by the way. I have informed my landlords of my situation and they offered to pay for advertisement of the apt for rent, show it, and forward prospective tenants to L for approval. They refuse to agree to let me out of the lease even if I find a suitable tenant. The husband, over the phone, verbally agreed to not force me to sublet the apt if I find them a suitable tenant. Now they are denying it. Are there any organizations that could help me get out of the lease due to financial burden because of my current disability? I am not considered disabled by SS, but thru my employer, with documentation from my doctor. I am anticipating surgery and a long recovery. I am trying to do the morrally correct thing by finding a tenant and they are giving me no leeway! If I stay, they would have to evict me eventually because I can't pay. That is not what I want to do--it is not the right thing and I can't in good conscious, do that to anybody! Is there legal recourse for me to take? I might add that 3 years ago, my landlords husband left her and didn't pay child support for 2 months, and being the good friends that I thought we were, she told me that she had to use my security deposit to live on. They have since gotten back together and I have no idea if she ever replaced the security deposit in the acct. they held my security deposit in. Are there any laws reguarding them using my security deposit for their personal use as being a "breach of contract"? NO I didn't give any kind of permission for her to use my security deposit for that purpose. Please advise--Nice guys always seem to finish last. I am actually physically ill because I can't believe they are being so unreasonable. Please offer any advise that would help me. Also is there anywhere on the web where I can find PA tenants rights, or laws?
Steamer

 

[peter]

You are entitled to your security deposit back, as long as there is no damage to the apartment....so if they dont give you an accounting of the money they spent on the apartment after you leave then take them to small claims court... you have your lease and a copy of your reciept of your deposit?

Second..It sounds like you have no lease, Once a lease has expired you are a month to month tenant and normally either party can give the other 30 days notice to move. and thats it......

So if you gave your 30 day notice to move today with the rent, then it could be considered you will move by Octber 31st.

If you already paid the rent they could say the 30 days doesnt start till NOV 1st.

Thats it....being nice and showing the apartment would look good in front of a judge when you sue the landlord.

And the landlord has duty to rerent the apartment ASAP at the same rent as you are paying, it is illegal for the LL to try and rent it for 20 30 40% more..... then 6 months down the road sue you because its been empty!

 

[Steamer]

I do have a current lease which is up on March 31st, 2001. My problem is that I can't afford to live here anymore due to the reduction in my paycheck, which is due to my disability. Are the LL legally permitted to withdraw my security deposit for their personal use? Then refuse to give it to me if I find them a "suitable" tenannt? Also, I gave them written 30-day notice of my intent to leave along with an explanation of my situation! They refused to sign it, so I sent it to them by certified mail. There was a witness to their refusal to sign it and he signed the document stating that the LL saw and read the 30-day notice and refused to sign it.
Again, there are no damages to the apt. There is a major problem with the apartment, however, that has been here since the day I moved in. The windows are plexiglass framed in plastic, photo frame like, frames, which fall out of the window when there is a storm or wind blowing. I have to tape several of them shut! They are aware of the problem and I was told before I moved in in 1994, that they would replace the windows in the spring! Never happened! Anybody can just push the windows in and be in my apt., since I live on the first floor. It is by no means considered safe, by anybody's standards!

 

[Tracey]

L has screwed up big time! First, your maximum security deposit is limited to 1 month's rent, since you've been there more than 2 years. Second, you are entitled to interest, since you've been there over 3 years. [250.511a] Once you move out, L has 30 days to refund your deposit with interest. [250.512]

If you have a new tenant lined up ready to take over your lease, L CANNOT refuse to rent to him/her. If L refuses to rent to an acceptable tenant, L forfeits any right to deduct unpaid rent from your deposit. This is because L has refused to mitigate damages. Once you produce an acceptable tenant, if the apt sits empty it's L's fault, not yours.

Your notice is effective the day L saw it. Start finding a new tenant. If there's no gap in rent, L can't charge you anything. Be sure to take lots of pictures of the apt so you can prove there was no damage. It sounds like L plans to make up damages to try and keep your deposit because she's spent it. Note that L can't charge you for cleaning that constitutes normal wear & tear. After 5 years, L won't be able to charge you for shampooing carpets, painting, etc. Make sure you clean everything, though.

So, find a new tenant, move out, and sue L 32 days after you leave for improperly withholding your deposit. You can also demand that L tell you where your security deposit is kept. If L fails to provide you with an account # & branch, this is evidence that L has stolen your deposit. The judge will not like this and will award you twice the amount wrongfully withheld + interest + attorney fees.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Steamer]

Theresa,
Thank you, you have eased my worried mind. I am truely grateful. I understand that you are not my councel, however, this advise reassures me that "NICE GUYS DON'T ALWAYS FINISH LAST"
STEAMER