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  1. #1

    Default Return of Security Deposit with Interest

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

    I read on line that after two years, security deposits are to be put into an interest bearing bank account with the interest being sent to the tenant on a yearly basis thereafter.

    I have rented for over 14 and 1/2 years and have never been made aware of this until recently. I gave notice on the 1st of this month that I would be out by the 31st.

    My landlord did a quick walk through two weeks ago, mainly concerned with the condition of the carpeting, and had no complaints. He even has a new renter lined up for immediate occupancy. We have yet to discuss the return of the security deposit, let alone this interest thing I heard of.

    He has a reputation of not returning security deposits and coming up with "damages" to keep the deposit. I am assuming that nearly 15 years of normal wear-and-tear should cover practically anything he could throw at me. Paint only has a life expectancy of 2 years, carpeting 12 years, or so I've heard.

    I've already repainted most of the rooms over the course of this time, with his permission. As well as replacement of the living room carpeting about 3 years ago. With the carpeting, I willingly paid the difference for an upgrade in carpeting compared to what he was willing to replace it with.

    The only other things I can think of that he would perceive as damages are:

    Garbage disposal not working: That quit 13 years ago, and he refused to replace or repair. (Said it wasn't his, another tenant must have installed it.)

    Dishwasher, door hinge broken: I brought up the dishwasher over 10 years ago because I saw a news article that my exact brand of dishwasher was recalled due to a fire/safety hazard concerning the on/off switch. I sent in the model identification tag to the manufacturer and they sent me a coupon for $250 towards a new dishwasher. I personally didn't buy a new one because technically the old one doesn't belong to me. I took all that to my landlord and he refused to replace it saying it wasn't his, another tenant must have left it. (Funny how all these built in appliances don't belong to him and that the other 6 units here have them.) I still have all the paperwork concerning the recall.

    Water damage: My upstairs toilet was leaking at the base maybe 6 or 7 years ago. It took him 6 weeks to send his maintenance guy over to "take a look". Two weeks after that he replaced the toilet, which still leaked for several more weeks, it finally stopped on it's own. I told him that the new toilet was leaking because the floor was rotted out from him waiting so long. I even bought replacement tile (my preference in tile), thinking that the floor was going to be replaced, which NEVER happened. I still have the tile I bought. I asked him if the apartment came with a toilet, or if he was going to tell me that another tenant must have put one in, not making him responsible for it. (LOL) There is also water damage in the downstairs bedroom closet due to this.

    Electrical issues: Various switches and outlets stopped working, including the fan in the bathroom. Never sent anyone over to look at anything.

    Dings in walls from door knobs: Caused by lack of door stops. There is no evidence that door stops ever existed, and I heard I wasn't responsible for that kind of damage if door stops were never installed by the landlord. As a matter of fact most of the door knobs broke over the course of me living here, and I replaced them all at my expense. ($7 for a door knob was worth avoiding the agrivation my landlord would cause me if I asked him to replace them.)

    I even pointed out all these things during the walkthrough, but he was only concerned with whether or not the carpeting was in decent shape. I think "damages" could become an issue when and if the new tenent starts complaining.

    So, assuming that I am entitled to my full security deposit back, how does this interest thing apply? And what interest rate am I entitled to? The rate of Certificates of Deposits back in Dec 1995? (I paid my security deposit in Dec 1993)

    I also heard that if I don't hear from him after 30 days of moving out that I can ask for double of my deposit (plus interest). He has my new mailing address. I was a month-to-month tenant if that matters. Nothing ever was in writing, but I kept all my receipts.

  2. #2
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Return of Security Deposit with Interest

    All of the damages you state would not be considered normal wear and tear....except for maybe the water damage.

    As far as interest on the security deposit. I believe in Pa, that only applies it you are renting a home/apartment complex with 4 or more units.

  3. #3

    Default Re: Return of Security Deposit with Interest

    Quote Quoting lill
    View Post
    All of the damages you state would not be considered normal wear and tear....except for maybe the water damage.

    As far as interest on the security deposit. I believe in Pa, that only applies it you are renting a home/apartment complex with 4 or more units.
    There are 7 units here. All identical, with similar problems.

    A dishwasher that is perhaps 30 years old, with a broken hinge? An appliance that was recalled by the manufacturer over a decade ago is my fault? By the way the hinge originally broke before I lived here and was repaired by the tenants before me for $70. (That was in 1991, my aunt lived here before I did.)

    Light switches that do not work?, electrical outlets that do not work?, that is my fault?

    Door knobs? Cheap ass door knobs that out of the blue, you turn and they just spin? I don't think so.

    I suppose I should put on a new roof, it's 30 years old as well.

    The only thing here that was litterally broken by us was a drop-ceiling light cover, that I replaced for $6. (It cracked in two when changing the bulbs.)

    I even replaced the front storm door at my own expense. It was rusted out and falling apart, my LL refused to replace it.

    The front door would not latch, I replaced that as well.

    I could go on, but I don't see the point. My LL's lack of general maintenance and repairs should in no way affect my security deposit. Security deposits are for damage caused by the tenants, not neglect by the LL.

    Any complaints to my landlord only resulted in two things:

    1) Nothing getting done about it and
    2) By the way, I'm increasing your rent.

  4. #4

    Default Re: Return of Security Deposit with Interest


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