Damages in excess of Security Deposit

[SKJS01]

State: PA

We have recently moved out of a rental unit in the Greate Philadelphia area where we lived for 3.5 years. I recognized that we would be getting hit with deductions from the landlord but the LL is looking for costs in excess of our $900 deposit. I have a some basic questions:

1. Can the landlord charge for lost rent due to the time it took to return the property to it's original condition? The landlord is a part-time landlord and it took him a long time to do the walk-through.

2. We did not receive a written explanation of the security deposit deductions within 30 days from lease termination. We did receive a letter from the landlord saying that he had not completed the costing of the repairs. Does this satisfy the legal requirement for 30 days in the state of Pennsylvania?

3. The property was reasonably clean upon the move out, what is the liability for professional cleaning services? I was not at the property at the beginning so it is tenant vs landlord on the cleanliness of the property at move-in.

4. Is the landlord responsible for showing receipts for the age of carpeting to show depreciation and that replacement costs are not in excess of original carpeting?

Thanks!

 

[LL]

I cannot answer all of your questions because I don't know anything at all about Pennsylvania law.

1. Can the landlord charge for lost rent due to the time it took to return the property to it's original condition?

If you gave proper notice and the tenancy was actually terminated when you left, (unless it is provided for in the lease) you cannot be charged for "rent".
If however, the landlord can show that you defaulted on some obligation of yours which caused him to lose some other rent, he can sue you for damages caused by your breach of the contract.

2. We did not receive a written explanation of the security deposit deductions within 30 days from lease
termination. We did receive a letter from the landlord saying that he had not completed the costing of the
repairs. Does this satisfy the legal requirement for 30 days in the state of Pennsylvania?

I don't know anything about Pennsylvania law. In California, if the landlord really hasn't completed his repairs and costing, and for a good reason, he won't be held responsible for the time line. However, he will probably have to explain to a judge why he wasn't ready on time, but he will get some extra time for a good reason. Just not being ready is not much of a good reason, and won't get him much extra time.

3. The property was reasonably clean upon the move out, what is the liability for professional cleaning services?

I don't know the standard for cleaning in Pennsylvania. Check your lease / Rental Agreement. Does it say anything about how clean it is to be upon return? Many courts use the standard of "orgininal clean condition", which is a higher standard than "reasonably clean". I often have the problem of tenants who think (or claim) that the apartment was clean, but I have to call a professional cleaning service anyway. Particularly, if an apartment was not kept clean during the tenancy, it is very hard to make it really clean without a lot of hard work.

4. I was not at the property at the beginning so it is tenant vs landlord on the cleanliness of the property at move-in.

What do you mean that you weren't there? How did you move in without "being there". Just because you didn't document the condition at move-in doesn't mean that the landlord didn't either. It may not just be tenant vs landlord.

5. Is the landlord responsible for showing receipts for the age of carpeting to show depreciation and that replacement costs are not in excess of original carpeting?

Theoretically, you can ask for such information. Often in small claims court, you don't get a lot of time to make your case, and a lot of things fall through the cracks. Why don't you ask the landlord for that information, before going to court, and in a letter?