PA - Landlord late with security deposit, claims pets ruined floors
PENNSYLVANIA
Hi,
I am looking for some help on an unusual situation.
As far as I understand the law in Pennsylvania, if a landlord does not provide a written list of damages to deduct from a security deposit within 30 days of the tenant vacating (or the end of the lease) they are forfeiting their right to keep any of the deposit, and I (the tenant) have the right to sue for double. I moved out of my apt on July 12th (lease expiring July 15th), and left keys in the apt. My landlord refused to do a walk-through with me prior to turning over the keys, stating "that's not how it works." She suggested I take pictures if there are any disagreements.
I lived in this apt for 3 1/2 years, and put down 3600 to move in (first/last + 1 month security, and an additional month's security for a "pet deposit" for our second pet). We gave the landlord 60 days notice as required in our lease, and used the $900 which paid up front to cover the last month (even though the rent had increased to $925). In that letter, the landlord received our new address to send the deposit back to. Although she clearly received it (since the apt was on the market a week later), she did not seem to recall receiving our address, so we gave it to her once again with the keys on July 12th. The deposit outstanding is $1800.
On Aug. 20th, I sent a certified letter to the landlord since we had not yet received any notification about damages or a return of the security deposit.
Naturally, the very next day a check arrives (dated Aug 1) and a letter (dated July 27th!) with our "damages". The envelope was postmarked August 20th. The landlord claims that we broke the terms of our lease by having a third pet, however there is nothing in our lease stating what consequences would arise from this. She also stated that the floors were "damaged" by our pets, and "not anywhere near the condition in which they were first given to you". Our lease (and the PA law as far as I understand) does not allow deductions for reasonable wear and tear. In my opinion, the place simply looked like someone lived there for 3 1/2 years and there was no significant damage to any of the floors. She deducted $800 for the floors, and also $25 to cover the difference for the last month's rent, and included a check for $975.
My question is-- do I cash the $975 check and respond back that her deductions are nullified since we did not receive the letter in time, and that we want the additional $825 sent immediately?
Which holds more water? the lease or the landlord/tenant act?
Thanks in advance
PENNSYLVANIA
Hi,
I am looking for some help on an unusual situation.
As far as I understand the law in Pennsylvania, if a landlord does not provide a written list of damages to deduct from a security deposit within 30 days of the tenant vacating (or the end of the lease) they are forfeiting their right to keep any of the deposit, and I (the tenant) have the right to sue for double. I moved out of my apt on July 12th (lease expiring July 15th), and left keys in the apt. My landlord refused to do a walk-through with me prior to turning over the keys, stating "that's not how it works." She suggested I take pictures if there are any disagreements.
I lived in this apt for 3 1/2 years, and put down 3600 to move in (first/last + 1 month security, and an additional month's security for a "pet deposit" for our second pet). We gave the landlord 60 days notice as required in our lease, and used the $900 which paid up front to cover the last month (even though the rent had increased to $925). In that letter, the landlord received our new address to send the deposit back to. Although she clearly received it (since the apt was on the market a week later), she did not seem to recall receiving our address, so we gave it to her once again with the keys on July 12th. The deposit outstanding is $1800.
On Aug. 20th, I sent a certified letter to the landlord since we had not yet received any notification about damages or a return of the security deposit.
Naturally, the very next day a check arrives (dated Aug 1) and a letter (dated July 27th!) with our "damages". The envelope was postmarked August 20th. The landlord claims that we broke the terms of our lease by having a third pet, however there is nothing in our lease stating what consequences would arise from this. She also stated that the floors were "damaged" by our pets, and "not anywhere near the condition in which they were first given to you". Our lease (and the PA law as far as I understand) does not allow deductions for reasonable wear and tear. In my opinion, the place simply looked like someone lived there for 3 1/2 years and there was no significant damage to any of the floors. She deducted $800 for the floors, and also $25 to cover the difference for the last month's rent, and included a check for $975.
My question is-- do I cash the $975 check and respond back that her deductions are nullified since we did not receive the letter in time, and that we want the additional $825 sent immediately?
Which holds more water? the lease or the landlord/tenant act?
Thanks in advance
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