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security deposits

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D

dboyle10

Guest
What is the law for landlords to hold security deposits, for cleaning, and damage? What responsiblitlies do landlords have when it comes to cleaning. I am having a problem with the landlord a used to rent off of. He doesn't what to return my security deposit, or he is really nick-picking on what to deduct money for. I left the place very clean I did everything from cleaning the carpets, repairing nail holes, and cleaning the windows inside, he wants me to clean the windows on the outside as well (a 3 story house). In the lease it stated to clean windows did not say outside or inside. That is all he can complain about and wants to deduct money from the security deposit for it. Also is there a time frame for him to either give me my security deposit back with a written description of all the deductions and how descriptive does it have to be?

Thanks,
Don Boyle
 


T

Tracey

Guest
I doubt he can require you to clean the outsides of the windows, since they aren't part of your apartment and you can't reach them without risking life and limb. The outside of the bldg is his.

In general, landlords can't keep money from the security deposit for routine wear and tear cleaning like shampooing the carpets every year or painting every 2 years. However, I didn't find specific Penn law on this.


Penn law is:
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.


So, once 30 days have passed, you are entitled to 2*(deposit - actual damages). If you were there more than 2 years, he also owes you interest. 68 Pa.S. Section 250.511a.

Sounds like he spent your deposit last year and doesn't have the money to pay now. :) If you end up taking him to court, make him prove that he put the deposit in an escrow account and left it there!

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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.

[This message has been edited by Tracey (edited April 15, 2000).]
 

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