Renters laws? My landlord is keeping my deposit!!?

Question

Does anyone know the renters laws (in Pennsylvania) regarding security deposits?

Here is a brief summary of what's going on:

I moved into an apartment last August with two friends. We had 3 seperate leases with our landlord, each for 1/3 of the rent. As it turned out, my one roommate needed to move back home with his parents before the least was up. My other roommate and I couldn't find a replacement, so the one who moved out had to get his parents to keep paying the rent even though he didn't live there (which I think is fine, since he had a lease). So me and the roommate who still lived in the apartment decided that we would tell our landlord that we would not be resigning the lease once it was up. (we told her this is late april/ early may). We had both already found other places to live, so we told our landlord that since we felt bad about not signing (since we told her that we most likely would be there for 3 years) we told her that rather than waiting until our lease was up in august (2008) we were willing and able to leave early, if she found a new tenant who wanted to move in sooner. (we were NOT trying to get out of the least early or not pay the last few months. We were just doing this as a courtesy to her, and we made this clear to her!) Anyway, she showed the place to a few people (while we were still living there) and one of the people said that they were interested in the apartment if they could move in July 1. She knew it was okay with us, so she went ahead and let us leave early and have new tenants move in.

During the last week I was living there, I contacted her twice trying to get her to come and see the apartment to make sure that everything was in good condition (which I knew it was, I just wanted her confirmation) to ensure I would get my security deposit back. She never came to see the place, but called a week or so later saying that the place looked fine. (I assume that she went there between me leaving, and the new people moving in?) So anyways, she told me to expect my deposit within thirty days of moving out (which was June 15) It is now the middle of august and I have still not gotten it. I have tried calling her, but she won't return my phone calls. What should I do?

Answer 1

Go on Judge Judy. Seriously. I'm not kidding. This is the kind of stuff she deals with all the time.

Answer 2

Here's the Pennsylvania law on security deposits:  http://www.thelpa.com/lpa/landlord-tenan...

Seems to me that your landlord should have provided you with your security deposit minus possible damages plus a list of any damages within 30 days.  Not providing a list of damages within 30 days, she is now not able to keep any of your deposit.  Not paying you back your deposit within 30 days means she now has to pay you double your deposit.  Make her aware of the law and if she doesn't pay up, take her to small claims.

Answer 3

Reread your contract again.  As a general rule usually when you move out early (before) your lease is up that means you forfeit your deposit but it must be in writing.   Because you moved out early it makes it inconvenient for the landlord and the deposit might cover until the next tenant moves in.  But all this should be in writing in your copy of the contract.  Read it carefully.  If this agreement is not in there you might could get your 1/3 of the deposit back.  There are renters handbooks that will tell you what your rights are.  You could probably find it on the internet by googling renters handbooks. (for your state)  There will be a toll free number on it that you can call and get help for the laws for renters in your state.  There are many laws to protect you as the tenant and they will be listed in this hand book.  If its in writing that she should return your deposit if its clean and there is no clause saying you forfiet it for leaving early then legally she has 30 days to return it.  In this case the people you talk to on the toll free number should be able to guide you in what to do next.  Good luck

Answer 4

Your landlord can't accept rent from two different tenants, period.  It does not matter what she says.  Most leases say your responsible for the rent during the term unless someone else moves in and pays rent for the time period.

Your landlord only has so many days to inform you she is keeping the deposit, for any reason, if she goes one day past the days she stated on the lease contract the judge with automatically award you the deposit in small claims court.

Sounds like she does not have a leg to stand on, although, it will be a hassle if she tries to keep it and you have to go to court.

Answer 5

That's a toughy. She can always come back later and say that you had no such agreement and that you said she could keep the deposit if she 'let you move out early'. Did you get anything in writing? This may be why she did not do a walk-through when it was time for you to leave. You might have to take her to court to get your deposit back, but the burden of proof would be on you that she owes it.

Answer 6

Time to elevate to the next level: subpoena her. Look around for a good lawyer who specializes in Real Estate Law who doesn't charge until case settles. Either that or really read up on subpoenas, civil court actions and etcetera. It is possible to win on your own, but it's hard as I am assuming she has been renting for years now and she knows the law better than you two. Always stay a step or two ahead of what you are filing to watch out for any tricks she pulls out of her bag.