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How Long Does Landlord Have to Return Security Deposit

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  • 06-13-2012, 08:25 PM
    dlsmeck
    How Long Does Landlord Have to Return Security Deposit
    My question involves landlord-tenant law in the State of: Pennsylvania.

    I left my apt when my lease expired end of May. my landlord said she required 60 days notice to vacate even if the lease expired and i decided to move out as opposed to breaking the lease. (isnt standard notice 30 days in PA?) so i gave her her 60 days notice at end of march (in writing).

    I did a walk thru with my ex landlord on may 31st. she said that everything looked good and that she would deduct whatever the cost would be for carpet cleaning. (mind you, she even admitted that she neither painted NOR cleaned the carpets prior to my moving in even though it reeked of cat urine). she did have in the lease though that i would be responsible for carpet cleaning.

    my questions are:
    1) how long does she have to return my security deposit in the state of PA?
    2) doesn't she also have to send it in writing, outlining the cost of damages if any (i watch too much people's court)? within how many days? and finally,
    3) what if she charges an astronomical amount for carpet cleaning? do i have any recourse being that it wasn't even cleaned prior to my moving in (although it is stated in the lease that i woudl pay for that at end of lease)?

    thanks in advance
  • 06-14-2012, 07:13 PM
    Mr. Knowitall
    Re: How Long Does Landlord Have to Return Security Deposit
    Per statute,
    Quote:

    Quoting 8 P. S. § 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. Delivery 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.

  • 07-03-2012, 12:21 PM
    dlsmeck
    Re: How Long Does Landlord Have to Return Security Deposit
    ok so my landlord sends me a letter on the 30th day. she gives me a copy of the invoice for $300 of carpet cleaning for my 2 bed/1 bath apt (doesfnt that sound extreme?) which doesn't even have a date on it. i know she knows the guy who cleaned them and prob gave her a good price not 300!. she provides a handwritten note that i owe $40 for water bill. doesn't provide me with any kind of receipt of water bill. gives me a check for the difference. i plan on taking her to small claims even though its not a huge amount.

    my question is isn't she required to provide me with a RECEIPT of these reparis or water bill? when i sue can i ask for double security because she didnt provide me with one?
  • 07-03-2012, 03:28 PM
    Mr. Knowitall
    Re: How Long Does Landlord Have to Return Security Deposit
    There is nothing in the statutory language, "provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable", that says "and give a receipt". You can ask her for a receipt and, if you sue her, you can expect that the judge will want her to produce proof of payment, but beyond that....
  • 07-07-2012, 06:55 AM
    dlsmeck
    Re: How Long Does Landlord Have to Return Security Deposit
    thanks mr. knowitall!
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