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Suing to Recover Security Deposit

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  • 12-04-2008, 06:10 PM
    MadAsHell
    Suing to Recover Security Deposit
    My question involves a security deposit in the State of: Pennsylvania


    -I moved out of my former landlord's apartment on August 24th and he was very aware of that

    -I had 2 sets of keys, one set I left, other set I kept b/c I had to drop off a set of blinds

    -After I dropped off the set of blinds, I locked the 2nd set in the apartment
    in beginning of Sept

    - We did not receive our security deposit until October 20th, which by the time a lawsuit was already initiated on 10/16/08 he did not receive any of our calls or voicemails

    -We sent a certified letter to his home, which made him send the security deposit out to us. Out of $1300, he returned $1050, and a list of what was wrong with the apartment. Many of those items were damaged prior to move in, and we left him know that when we moved in. We had no opportunity to discuss what was wrong and if we could fix these things

    -He was served on Nov 9th, called to ask why we were suing, I told him and that was the last time I heard from him

    -The court date was today, but 2 days prior he added his lawyer to the lawsuit and asked for a continuance since his lawyer had a prior engagement

    -Letter which stated his client will still attend court, but he ended up not showing up and sent his wife instead who made the accusations that I moved out in late Sept instead of 8/24/08. I usually spoke to the defendant regarding the property, not her, so she may not be knowledgeable about the situation

    -He was granted the continuance and the court date is rescheduled for 12/18/08.

    -I know for a fact he entered the property and saw it was empty as there was supplies in the apartment and he has a receipt from home depot which was dated 9/17/08 for items to fix up apartment but yet still his wife is stating she believes we did not move out after Late sept.

    -I have various pieces of evidence like emails, letters, and etc

    Please help if you have any knowledge that can be useful!
  • 12-06-2008, 09:30 PM
    Mr. Knowitall
    Re: Suing to Recover Security Deposit
    If there's a dispute over the date you moved out, then take whatever evidence you have of your actual move-out date with you to court. But if the landlord returned all but $250 of the deposit, and made no claim for rent at that time, it seems like a pretty weak claim to try to make now.

    Have they actually countersued you? If not, and you have all but $250 of your deposit, the remaining question appears to be only whether that $250 was properly deducted from your deposit.
  • 12-13-2008, 07:32 AM
    MadAsHell
    Re: Suing to Recover Security Deposit
    They have not tried to counter sue. From the rules in the state of PA, since they did not send me my deposit or the list of damages within 30 days they lost all rights to taking money for damages so they owe me at least my $250 and can not counter sue for the damages money, only if I get double the security deposit. I was going to drop the case until they showed up at court and started lying but I decided to fight it since they want to make me look like a fool.
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