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Landlord not returning security deposit and asking to cover extra cost

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kayals

Member
What is the name of your state? Pennsylvania
I recently moved out as a tenant from Ardmore after 5 years and 9 months. Before moving out we had the carpet professionally cleaned as per landlord’s realtor’s verbal request. We had to deal directly with the realtor all these while as she represented our landlord. When I gave vacate notice the realtor she had verbally requested me to clear any trash, and have carpet professionally cleaned which I did. Those were the only two request. On the day when I was supposed to hand over the keys the landlord and his wife came and inspected everything and they were very satisfied on the condition of the house. We never had a checkout list from the landlord.

Yesterday I got a letter in the mail from landlord’s realtor that they had to repair items, replace some appliances, paint wall totaling to $3,000, and also wants us to pay for replacing the whole carpet for $7,000. They provided receipt of what they repaired and replaced ($3,000), and provided a quote for carpet replacement of $7,000. Not only I am not getting back my security deposit, the landlord/realtor is asking to pay a balance of $9,068 within 30 days or they will file a civil claim in the Magisterial District Court. The letter also says I will be responsible for damages, court fees and attorney fees.

We lived for almost 6 years years as they are expecting me to leave the house in the condition as we moved in. To some extent I agree but I do not see any justification of replacing the carpet for the whole house and paint where we leaved for almost 6 years. My son is autistic and often he would draw with crayons on the wall which we would clean afterwards. As evidence I have pictures from move in and move out for the carpet condition. In the lease agreement it states that any wear and tear would be deducted from security deposit. There is no mention of carpet replacement in the lease agreement.

During the 5 years 9 months as tenant we had several request of repair/replace of items in writing where the realtor did not honor. We also had our basement partial flooded during heavy rains and damaged some of our valuables which we put in writing. All this time the realtor fixed 2 plumbing issue, and 2 rekey.

How do I proceed? Has anyone experienced similar situation? Should I contact a lawyer for consultation to reply to the realtor’s claim? Can I defend without an attorney at the Magisterial District Court?

Thanks in advance.
 


LdiJ

Senior Member
What is the name of your state? Pennsylvania
I recently moved out as a tenant from Ardmore after 5 years and 9 months. Before moving out we had the carpet professionally cleaned as per landlord’s realtor’s verbal request. We had to deal directly with the realtor all these while as she represented our landlord. When I gave vacate notice the realtor she had verbally requested me to clear any trash, and have carpet professionally cleaned which I did. Those were the only two request. On the day when I was supposed to hand over the keys the landlord and his wife came and inspected everything and they were very satisfied on the condition of the house. We never had a checkout list from the landlord.

Yesterday I got a letter in the mail from landlord’s realtor that they had to repair items, replace some appliances, paint wall totaling to $3,000, and also wants us to pay for replacing the whole carpet for $7,000. They provided receipt of what they repaired and replaced ($3,000), and provided a quote for carpet replacement of $7,000. Not only I am not getting back my security deposit, the landlord/realtor is asking to pay a balance of $9,068 within 30 days or they will file a civil claim in the Magisterial District Court. The letter also says I will be responsible for damages, court fees and attorney fees.

We lived for almost 6 years years as they are expecting me to leave the house in the condition as we moved in. To some extent I agree but I do not see any justification of replacing the carpet for the whole house and paint where we leaved for almost 6 years. My son is autistic and often he would draw with crayons on the wall which we would clean afterwards. As evidence I have pictures from move in and move out for the carpet condition. In the lease agreement it states that any wear and tear would be deducted from security deposit. There is no mention of carpet replacement in the lease agreement.

During the 5 years 9 months as tenant we had several request of repair/replace of items in writing where the realtor did not honor. We also had our basement partial flooded during heavy rains and damaged some of our valuables which we put in writing. All this time the realtor fixed 2 plumbing issue, and 2 rekey.

How do I proceed? Has anyone experienced similar situation? Should I contact a lawyer for consultation to reply to the realtor’s claim? Can I defend without an attorney at the Magisterial District Court?

Thanks in advance.
I think that you need to get a consult with a real estate attorney in the area where the rental is located. Normally they cannot charge you for normal wear and tear at all and cannot charge you for anything whose useful life has already been used up.

A carpet's useful life would normally be done at 5-7 years unless the carpet was brand new when you moved in it is unlikely it has any useful life left at all. Paint's useful life is normally 2-3 years so you shouldn't be charged for painting at all either. Same thing with appliances, you shouldn't be charged for their replacement either unless you destroyed an appliance and even then, you should only be charged for the remaining life that the appliance would have had.

You do need to get ahead of this legally because if you don't they are likely to not sue you, (because they know they will lose) but WILL likely put it on your credit report so that it follows you around until you give up and pay it.
 

kayals

Member
That's great information. Thanks. I can consult a lawyer but I cannot afford to represent him/her at the Magisterial District Court. I read that I can represent myself at the court but in any case I would consult an attorney.

Am I liable to pay for landlord's court cost and attorney fees which states in the letter I got in mail? Why should I be paying for their attorney fees?
 

Ohiogal

Queen Bee
If you lose you might have to pay the court costs and attorney fees. But I think they are charging you too much. Sue to get your deposit back. It is small claims most likely and attorneys are not required or usually compensated for anyway. Show the pics of move in and move out.
 

adjusterjack

Senior Member
If you lose you will pay the landlord's court costs (filing fees, process service).

Check your lease. If it has a bilateral attorney fee provision (basically loser pays winner's attorney fees), you could end up paying their attorney fees.

Pennsylvania small claims limit is $12,000.

Lawyers are permitted. There is no way to predict whether the landlord hires one.

I agree with Ohiogal that you should file your own pre-emptive lawsuit ASAP. You'll have the advantage. I suspect that a lot of the landlord's claims are spurious and aren't likely to hold up.
 

kayals

Member
The letter from the landlord’s realtor had a CC marked to their lawyer. In the lease there is no mention of any attorney related fee. Thr most crucial line in the lease is tenant pays for wear and tear from security deposit.


If you lose you will pay the landlord's court costs (filing fees, process service).

Check your lease. If it has a bilateral attorney fee provision (basically loser pays winner's attorney fees), you could end up paying their attorney fees.

Pennsylvania small claims limit is $12,000.

Lawyers are permitted. There is no way to predict whether the landlord hires one.

I agree with Ohiogal that you should file your own pre-emptive lawsuit ASAP. You'll have the advantage. I suspect that a lot of the landlord's claims are spurious and aren't likely to hold up.
 

adjusterjack

Senior Member
The letter from the landlord’s realtor had a CC marked to their lawyer. In the lease there is no mention of any attorney related fee.
Good. In the American legal system each party pays its own attorney fees. Some exceptions but this isn't one of them.

CC to an attorney doesn't mean that they are going to spend $300 per hour to hire one. Especially when they probably know that their charges are BS.

Thr most crucial line in the lease is tenant pays for wear and tear from security deposit.
Likely unenforceable.

Read the PA security deposit law. If he failed to comply with it, that's one more thing in your favor.

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

kayals

Member
Again, Thanks for the useful information. I will consult with an attorney or Monday. Just wanted to gain some insight on what the whole procedure is. This is the time time in my last 21 years as a tenant that landlord realtor is not returning security deposit. i even paid $300 to professionally steam clean the carpet. They sent me pictures of the carpet they ripped even after I steam cleaned saying my pet’s urine penetrated the carpet. Arent landlord supposed to give me an estimated of repair rather than getting them done without my knowledge. There is no proof claiming on carpet odor etc. They replaced dishwasher and electric stove after I moved out and sent me receipt of the replaced appliances.
Are we allowed post the letter I got from my landlord? It can give some details on the whole scenario.
 

kayals

Member
Apart from the cc name to lawyer, it also says the name of the judge they will be putting forward the claim.
 

LdiJ

Senior Member
Apart from the cc name to lawyer, it also says the name of the judge they will be putting forward the claim.
They don't get to choose the judge, therefore that is ridiculous unless there only happens to be one judge for that court. That sounds like intimidation tactics.
 

kayals

Member
So my solution is to pay an attorney for consultation and reply to the claim letter I received? I cannot afford a lawyer to represent me at the court.
 

LdiJ

Senior Member
So my solution is to pay an attorney for consultation and reply to the claim letter I received? I cannot afford a lawyer to represent me at the court.
You might have the attorney respond to them. Or, you might just go straight into suing them for the return of your security deposit. See what the attorney you consult suggests.
 

FarmerJ

Senior Member
this was a interesting web page https://www.mrappliance.com/expert-tips/appliance-life-guide/ ( I was sort of surprised that the number of years on some things was not more . See some of my appliances I had for many many years , got as used too, my last refrigerator was used when I bought it {a 1948 fridgidaire} and my cook stove bought used is a early 60s with five buttons to control each burner electric GE stove) My clothes dryer is now at least 20 years old bought brand new six months after when we moved here because I wanted to lower the electric bill by switching it to propane. and yes I agree with being the one to file in small claims court first since your LL/ LLs agent etc are going to have to prove those claims I dont see the LL looking real good in court. also you may want to look at this and ask the court about what the depreciated value of the appliances and every thing else was or at least to be more informed https://www.claimspages.com/tools/depreciation/appliances-major/
 

kayals

Member
I was surprised they wanted to replace everything at tenant’s cost, a whooping $10,000. At first I felt they are intimidating me so I dont ask for security deposit refund. They basically want a brand new house at tenant’s cost. They had to do nothing for almost 6 years. The carpet when we moved in looked at least 5 years old along with appliances. For 2 years I asked the realtor to replace leaking refrigerator (heat pump) and she denied. She kept saying the appliances are there for convenience and not something to be repaired or replaced. Finally I asked the owner and he replaced it. That was only thing they replace in my approx. 6 year stay as a tenant. Never ever I missed a single rent check and they were mailed on the 1st of every month. Landlord didnt have to deal with tenants moving out every 2 years or so. I even had renters insurance all these while as a good faith.
 

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