Your lucky day! Landlord owes YOU attorney fees!! Counter sue his worthless ass. The PA landlord tenant act is in Title 68 (Real property), ch. 8. Here are some good sections for you to start with.
Here's the legal analysis.
1. Landlord signed a letter terminating your lease so that it would be easier for him to sell the house. Landlord will argue that it was your idea to move out early and he just went along with it. However, he put the termination in writing, and the fact that the house was put on the market as soon as/right before you moved out is strong circumstantial evidence the the termination was his idea. (Next time a landlord wants you to move early so he can sell, make him pay you extra -- 1-3 months' rent.)
2. L's realtor acted as L's agent by attending the walkthrough and representing herself to you as L's agent for purposes of assessing damages. She declared you had no damages & instructed you to send a check for the difference between the deposit and March rent. Luckily, you have the realtor's assessment in writing, & a videotape of the house. L will argue that she wasn't his agent, but he will lose. He will also argue that there was lots of damage. The burden of proving the damage amount is on HIM. He'll have to have pictures or testimony from repairmen to refute your tape and explain why damages he's claiming aren't on the tape. Again, he'll lose.
3. You don't owe L any back rent. You paid him and he refused to accept the payment. By doing so, he essentially made you a gift of the unpaid rent. He cannot now come back and sue you for non-payment!
4. L accepted your surrender of the premises on Apr. 1. He did not send you the statement of damages within 30 days. Therefore, he can't keep ANY of your deposit except to cover unpaid rent.
5. Furthermore, L now owes you double the amount he should have refunded you (which is zero, since you agreed to apply the deposit to March rent). If you had paid full rent for March, he would owe you twice your entire deposit. Check the security deposit interest laws and see if he owed you interest. He has to refund double the interest he was supposed to pay.
6. You provided him your new address and he refused to accept it. He cannot claim that this releives him from the sec. dep. law.
7. Since he didn't send you the written list of damages within 30 days, HE IS NOT ALLOWED TO SUE YOU FOR DAMAGES AT ALL!!!! You get to ask the court for attorney fees and Civil Rule 11 sanctions against him for filing a completely frivilous lawsuit that has no basis whatsoever in law.
Go talk to the realtor and get her statements regarding all the events in writing and signed. It's best to get it in affidavit form, but putting it in writing will at least 'freeze' her memory, and will help her remember the events come trial time.
File an answer to the suit and a motion to dismiss for failure to state a claim upon which relief can be granted. We can help you draft it if you like.
Ask a local attorney if you should leave the case in small claims court if that's where it is. Some SC judges are really good at applying the law even when the results are harsh. Others ignore the law and try to issue a 'fair' result. This happens a lto less in district court or common pleas court, usually. You can also hire an attorney to help you defend the case and consult with you.
Good luck,
Tracey
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68 Pa.S. Section 250.512.
RECOVERY OF IMPROPERLY HELD ESCROW FUNDS.
(a) Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Deliver of the list shall be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing in this section shall preclude the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant.
(b) Any landlord who fails to provide a written list within thirty days as required in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises.
(c) If the landlord fails to pay the tenant the difference between the sum deposited, including any unpaid interest thereon, and the actual damages to the leasehold premises caused by the tenant within thirty days after termination of the lease or surrender and acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the amount by which the sum deposited in escrow, including any unpaid interest thereon, exceeds the actual damages to the leasehold premises caused by the tenant as determined by any court of record or court not of record having jurisdiction in civil actions at law. The burden of proof of actual damages caused by the tenant to the leasehold premises shall be on the landlord.
(d) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable.
(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.
(f) This section shall apply only to residential leaseholds and not to commercial leaseholds.
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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.
