Can You Withhold Rent Over a Missing Package

My question involves landlord-tenant law in the State of: Pennsylvania

So my apartment complex's manager signed a package for me and lost it. She admits to signing it and Fedex shows she did sign it, but she says she doesn't know where it went. Essentially the apartment's system when it comes to mail is all mail/packages are delivered to the front office and then the manager distributes them. Except that's not really how it works. When the mail comes, she sometimes brings them and leaves them outside our door (where anybody who has access to that floor can take them), but she usually leaves them outside the office on a table where anyone (even people who don't live in the apartment) can have access to them. The package was a laptop that was worth a little under $1,900. They've also lost two other packages before, but they were both worth less than $25 and the shipper agreed to resend them, so I never pursued anything. So my questions are essentially this:

(1) Can I legally withhold rent until the apartment agrees to pay me for the value of the laptop?
(2) If I can, how does withholding rent work in Pennsylvania? Do I need to put it into an escrow account?
(3) I owe my apartment $1,550 more before my lease expires. So even if I did withhold rent, I'd still be out about $350. Would I be better off going to small claims court and suing for the full $1,900 plus legal fees? I'd prefer not to go to court, but I'm not just going to let $1,900 slide.
(4) How do you feel is the best way to approach this situation? I currently plan on contacting the owned of the complex and if he isn't cooperative, contacting an attorney.
(5) Does any of this responsibility fall on FedEx for letting another person sign for my package? My lease doesn't say they can sign for my packages.

As a side note: my lease says the apartment complex isn't responsible for lost or damaged property, but it doesn't say anything that I release them from liability when it comes to mail. It actually doesn't say anything about receiving mail at all. I can upload a copy of my lease if anyone needs to see it.

your rent has nothing to do with the missing package. You withhold rent, the LL can issue a pay or quit notice. If you still refuse to pay, LL can move to have you evicted.


have you called fed ex? I would start there and tell them nobody at your residence signed for the package and you did not authorize anybody to sign on your behalf and see where that gets you. If nowhere, I would consider suing whomever signed for the package.

I did call FedEx and they said my apartment's manager signed for the package. When I asked for about it, she said she doesn't know where it is. So essentially withholding rent is just a bad idea and I'd be better off just suing the apartment manager?

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Quoting jhames

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So essentially withholding rent is just a bad idea and I'd be better off just suing the apartment manager?

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bingo

Alrighty thanks! I wanted to get advice before I do anything rash/waste an attorney's time.

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Quoting jhames

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Alrighty thanks! I wanted to get advice before I do anything rash/waste an attorney's time.

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You don't need an attorney to sue in small claims court.

And if you just sue the manager for her own negligence chances are somewhat good that you won't be facing a lawyer.

Gotcha. So out of curiosity, why would I potentially be suing the manager and not the apartment complex? As an employee of them, I would think that I would have to sue the apartment complex as she is employee and they are ultimately responsible for her, no? I tend to over think things sometimes. Regardless, thanks for your input!

Does the complex have any written policy in place regarding deliveries? If not, I would think that the individual who signs for and accepts the package is responsible for the loss.

Nothing in my lease that even talks about mail, packages, or deliveries. There is a section that says "[APARTMENT COMPLEX NAME]" assumes no responsibility for lost, theft, or damages to Tenant's Property". I would imagine that that wouldn't apply to negligence of someone else's mail, but I'm willing to hear other's opinions.

Nothing in your lease says you can unilaterally decide to withhold rent just because you're unhappy with the behavior or the management. It doesn't work that way even if it had something directly to do with your tenancy.