security deposit in PA

[unhappy in PA]

Rented an apartment for daughter in college w/a year's lease beginning in June 1999. In June of 2000, she informed the landlord that she would be looking for a new place and did not want to extend the lease. He agreed to let her pay on a month to month basis. In August, she found a new place and notified him that she would be out before the rent was due for September. Also the lease stated no pets BUT a boyfriend has a cat who would come and stay occasionally. The cat was not a permanent fixture in the apartment until 2 months before she moved. There was no damage to the apartment from the cat. The only problem was a mildewed living room carpet caused by a water heater that busted one night, which the L/L did have fixed - but he never did anything about the carpeting. [Daughter lived in the apartment with the carpet this way for 6 weeks.] On a whole the apartment was in better shape when she moved out than when she moved in, especially after I sunk $80.00 worth of paint into it. Something I did not ask to be reinbursed for. Bottom Line - L/L refuses to give back security deposit because he now states that she didn't give him enough notice of her moving and the cat was there. Is this legal??? I thought security deposits were for damage repairs. Somebody Please advise!!!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by unhappy in PA:
Rented an apartment for daughter in college w/a year's lease beginning in June 1999. In June of 2000, she informed the landlord that she would be looking for a new place and did not want to extend the lease. He agreed to let her pay on a month to month basis. In August, she found a new place and notified him that she would be out before the rent was due for September. Also the lease stated no pets BUT a boyfriend has a cat who would come and stay occasionally. The cat was not a permanent fixture in the apartment until 2 months before she moved. There was no damage to the apartment from the cat. The only problem was a mildewed living room carpet caused by a water heater that busted one night, which the L/L did have fixed - but he never did anything about the carpeting. [Daughter lived in the apartment with the carpet this way for 6 weeks.] On a whole the apartment was in better shape when she moved out than when she moved in, especially after I sunk $80.00 worth of paint into it. Something I did not ask to be reinbursed for. Bottom Line - L/L refuses to give back security deposit because he now states that she didn't give him enough notice of her moving and the cat was there. Is this legal??? I thought security deposits were for damage repairs. Somebody Please advise!!!<HR></BLOCKQUOTE>

Your post does not state exactly when notice to vavcate was given, if in writing an when she moved out. You need to provide the details.

 

[unhappy in PA]

She gave her notice to move out about Aug. 20th - Her rent was due on Sept. 15th and she was all moved out by the 13th. Notice was given over the phone, nothing in writing. About the 10th of Sept, the L/L called me and stated that he was sorry to see her go, she was a good tenant and always paid her rent on time.

 

[njc]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Your post does not state exactly when notice to vavcate was given, if in writing an when she moved out. You need to provide the details.<HR></BLOCKQUOTE>

???? i'm so happy! !! yea!!!!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by unhappy in PA:
She gave her notice to move out about Aug. 20th - Her rent was due on Sept. 15th and she was all moved out by the 13th. Notice was given over the phone, nothing in writing. About the 10th of Sept, the L/L called me and stated that he was sorry to see her go, she was a good tenant and always paid her rent on time. <HR></BLOCKQUOTE>

L is correct in that she did not give proper notice. Proper notice was to be in writing and within the required days in advance ie. 30 days advance notice.

 

[Tracey]

L can't charge her for the cat unless it did actual damage. An illegal pet is grounds for termination of the lease, not a license to add charges. She gave improper notice, but she may be able to argue that L accepted verbal notice & can't now claim that the lease was improperly terminated. (I won't accept verbal notice. I always tell my tenants to give it to me in writing by the 10th.) Does your daughter's college have a tenant's union? They could advise her on possible avenues to pursue.

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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. [email protected] - please include some facts so I know who you are!

 

[unhappy in PA]

There was no damage from the cat and he accepted hearing from her over the phone. In fact, I forgot this part, when we signed the lease - he told her he wouldn't hold her to the year. He understood it wasn't a very big apartment. But she did stay for the whole lease. Other L/L's I've talked to say there is not reason for him to keep the deposit. No damage and all rent was paid up. So the bottom line here is - CAN he keep the security deposit????

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by unhappy in PA:
There was no damage from the cat and he accepted hearing from her over the phone. In fact, I forgot this part, when we signed the lease - he told her he wouldn't hold her to the year. He understood it wasn't a very big apartment. But she did stay for the whole lease. Other L/L's I've talked to say there is not reason for him to keep the deposit. No damage and all rent was paid up. So the bottom line here is - CAN he keep the security deposit???? <HR></BLOCKQUOTE>

L is entitled to keep part of the deposit as rent for the days that the property was vacant during the notice to vacate period.