security deposit

[leelisa]

What is the name of your state? pa
Anyone out there have any ideas? Has anyone heard of this kind of situation before?

I am being sued by my LL for breaking my lease. We had an oral agreement which I feel I will be able to prove in court. I am going to counter sue her for 2x the security deposit. The law in Pa is if LL doesn't give written damage report or doesn't return your deposit within 30 days you may sue for 2x the amount. My question is, I only gave my forwarding address over the phone and not in writting, is this going to void her obligation to the security deposit? I have never once tried to hide from her. Our oral agreement was good for 3 months until her husband found out what was going on and insisted that now I owe 4 months of rent. PLEASE HELP

 

[leelisa]

I have another question, my old LL is suing for 4 months Jan., Feb., March and April. I know 100% the place was rented in April. She (LL) is trying to double dip for April. I am in the process now of trying to get a hold of new tenant to get written proof of this. I am starting to believe that the new tenant will not just give it to me. I found out how to subpeonea documents on the internet, but how long does it take? My court hearing is June 28, 2007.

 

[Alaska landlord]

With no proof of a contract you would be classified as a periodic renter. You are required to give a 30 day written notice of terminating your tenancy. Your one problem is that you did not give a forwarding written notice and unless you can prove otherwise it never happened.

Your landlord will probably be able to recover one months rent from you. Unless, you can prove you gave notice. (I don't know if you gave verbal notice on this too.)

 

[JETX]

My question is, I only gave my forwarding address over the phone and not in writting, is this going to void her obligation to the security deposit?

Yep.

68 P.S. §§ 250.512. Recovery of improperly held escrow funds
(e) Failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section.

 

[leelisa]

I can prove that I gave my new phone number because I have phone messages with her saying what the date was she called. Also, there is nowhere that she could of found our new address unless I gave it to her. My phone number is unlisted so she could not get it there. What I will bring up in court is how did she find me to sue me if I didn't provide my new address. If nothing eles I can prove I never tried hiding from her. And I was able an hour ago to talk to the new tenant and he gave me his lease which is dated for April 1rst. I am hoping the judge will get angry at her for tring to double dip for April and be more likely to hear me out. Anymore comments or thoughts would be appreciated!!!

 

[JETX]

I can prove that I gave my new phone number because I have phone messages with her saying what the date was she called. Also, there is nowhere that she could of found our new address unless I gave it to her. My phone number is unlisted so she could not get it there. What I will bring up in court is how did she find me to sue me if I didn't provide my new address. If nothing eles I can prove I never tried hiding from her. And I was able an hour ago to talk to the new tenant and he gave me his lease which is dated for April 1rst. I am hoping the judge will get angry at her for tring to double dip for April and be more likely to hear me out. Anymore comments or thoughts would be appreciated!!!

And NONE of your excuses waives the LEGAL fact that by YOUR failure to comply with the requirements of your own state laws..... means you have NO case.
So, go ahead and bring the suit. Maybe the landlord will be even more stupid.

 

[Alaska landlord]

I can prove that I gave my new phone number because I have phone messages with her saying what the date was she called. Also, there is nowhere that she could of found our new address unless I gave it to her. My phone number is unlisted so she could not get it there. What I will bring up in court is how did she find me to sue me if I didn't provide my new address. If nothing eles I can prove I never tried hiding from her. And I was able an hour ago to talk to the new tenant and he gave me his lease which is dated for April 1rst. I am hoping the judge will get angry at her for tring to double dip for April and be more likely to hear me out. Anymore comments or thoughts would be appreciated!!!

The phone message just proves one thing, that a conversation took place. Yes she found you, but after how much time and effort? She could have met someone at the store that knew you and gave her the new address. Like I said before, your landlord can only charge you for 30 days after you left since there is no existing lease. How much you both get will be determined by how truthful you both are in court.

 

[leelisa]

I am being sued by my LL for breaking my lease.

There was a lease until August 31, 2007. I moved out December 30, 2006, my husband and I bought a house. She knew from day one that we were looking to buy a house and supported us in our efforts to find one. It wasn't until her hubby found out that she was helping us, that all this happend.
I have searched the web in my counties tax assement page and we are not on there yet. As far as her seeing someone in a store and found my address that way, couldn't be true she lives in another state, nor do we share any of the same circle. She has had my address all along, I gave it to her. She waited until May 4, 2007 to sue me. How clever of her since she is suing for the 4 months prior!! What thoughts do you have on me proving she is double dipping for April, am I wrong in thinking that is wrong to do?

 

[Just Blue]

What is the name of your state? pa
Anyone out there have any ideas? Has anyone heard of this kind of situation before?

I am being sued by my LL for breaking my lease. We had an oral agreement which I feel I will be able to prove in court. I am going to counter sue her for 2x the security deposit. The law in Pa is if LL doesn't give written damage report or doesn't return your deposit within 30 days you may sue for 2x the amount. My question is, I only gave my forwarding address over the phone and not in writting, is this going to void her obligation to the security deposit? I have never once tried to hide from her. Our oral agreement was good for 3 months until her husband found out what was going on and insisted that now I owe 4 months of rent. PLEASE HELP

How do you plan on proving your oral agreement? What was the agreement?

 

[leelisa]

One thing I forgot to mention on my last reponse was that this was our second year with her.
The agreement was that: when we found a house, that I would do everything I could to rent the place. She new that my husband and I were taping our finances out to be able to put 20% down on the house and in the short term would not be able to afford both rent and mortgage. She insisted that was fine. Her and her husband own a dental practice and could affored to lose rent for a few months being it was winter time and she new it would be rough to rent the place. She was greatful that I was going to do all the work, such as put ads in, keep utilities on, paint, clean the carpets and show the place. All of which I paid for and can prove!! She lives out of state so it was very difficult for her to try and re-rent the place. I had a very good repore with her, she just loved us (ha ha so I thought). My only mistake was not getting everything in writing.

How I plan on proving this oral agreement is tough. I have a piece of mail from her dated back in November and in it is an application to re-rent the place and a note from her saying if you have any questions feel free to call me. That doesn't prove she left me off the hook for rent, it only proves there was some arrangement made. I then have a phone message that she left me on Feb. 13 answering a question I had about pet policy. Now on this message she goes on and on about how she talked to her husband and they agreed that a pet would be fine under certain guidlines (i'm not giving entire message, it would be to long). Then after that she says MY husband says you owe rent for January and now Feb.
The message all before was we, we, we until she gets to the part about the rent. If you heard it you can hear her discomfort with asking for the rent and you can hear her husband whispering something in the back round. My question to her in court will be if she was concerned about the rent why did she wait until the middle of Feb. to say something. The message doesn't say anything like; You know you owe this rent or I am asking again for the rent. It clearly is the first time she is mentioning it. After I got that message I called her 3 times with no response. So as of March 1, I decided that she was not planning on holding up her end of the bargin so I stopped all my efforts into renting the place. Oh yeah by the way I had sent her 5 different applications, which she turned them all down. She said they didn't qualify, which I understand that is her right.

 

[Alaska landlord]

The example of meeting someone at the store was just that, an example. There are thousands of ways she could have found out where you live. As for the information you posted as proof that you had a lease, none of it proves anything outside of an oral agreement. That is the only thing you have proof of. You need something concrete (Uhh... I don't really mean a cinder block.)

An unsigned application does not constitute a lease. But, I get the feeling nothing said to you will convince you one way or another, so keep posting till someone agrees with you.

 

[leelisa]

where are you getting unsigned application? I just re-read my first post and what I meant about

I am being sued by my LL for breaking my lease. We had an oral agreement which I feel I will be able to prove in court.

The oral agreement was for me to break the lease. I can see the way it was writen, that it could of been misunderstood. That being said any ideas? Does me proving she is double dipping for April going to even matter?

 

[BlondiePB]

An unsigned application does not constitute a lease. But, I get the feeling nothing said to you will convince you one way or another, so keep posting till someone agrees with you.

Alaska, you should read her thread in the Wills section. You may need some asprin afterwards.

 

[BlondiePB]

where are you getting unsigned application?

Translation: Show your oral contract with your signature on it to the judge.