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  1. #1
    Join Date
    Jan 2009
    Posts
    3

    Angry Can't Get My Deposit Back

    My question involves a security deposit in the State of: Pennsylvania. In May of 08, my daughter moved into an apartment. She had been late with her rent on several occasions. Her landlord was not angry with this problem. My daughter had been sick as was off work for a while. She got pregnant in October of this year, and decided she would move out at the end of the year. Well, she had found out in November she had bugs, Bed Bugs!! She told the landlord, and he refuse to do anything about it. So, she was staying at her boyfriends house hoping he would do something. He didn't!! He called her and told her she had to leave by Jan, 10, 09. She didn't pay her rent in December, because of the bug problem. My daughter is and was a very clean person. She always kept her place clean, and neat. No loud music, or partying at all!! When she cleaned out her place, she went to give the landlord back the key, and asked for him to inspect the place. He told her he didn't have time for her, and then she asked for her deposit back...which was $900.00 and never deposited in any bank. He told her to get going, and she wasn't receiving ANY of her money back....What is your advice about this situation??

  2. #2
    panther10758 Guest

    Default Re: Can't get my deposit back

    She had not paid rent for Dec which was due. Landlord can use this (if he chooses) for that rent. She doesnt have a leg to stand on. However he must give her a "notice to vacate" in order to get her to leave and that time frame may be no less than one rental period in most states. Now he could give her a pay or quit notice and she could choose to quit which it appears she is already doing. However if she owes rent she owes rent. Landlord can return deposit then sue her for rent which will likely cost more

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can't get my deposit back

    Quote Quoting SICKONE
    View Post
    Well, she had found out in November she had bugs, Bed Bugs!! She told the landlord, and he refuse to do anything about it.
    Did any other tenants have bedbugs? Bedbugs are sometimes also picked up from visits to hotels, somebody bringing used clothes or bedding into the bedroom, etc.
    Quote Quoting SICKONE
    View Post
    So, she was staying at her boyfriends house hoping he would do something. He didn't!! He called her and told her she had to leave by Jan, 10, 09. She didn't pay her rent in December...
    I'm not clear on what you're telling us. Are you stating that she told him that she was abandoning the apartment and would not be paying her December rent? That she asked to be allowed to move out because of the bedbugs, and and he told her that he was releasing her from the lease as of January 10? Or something else? Exactly what happened?
    Quote Quoting 68 PS § 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.

  4. #4
    Join Date
    Jan 2009
    Posts
    1

    Unhappy Re: Can't Get My Deposit Back

    I officially moved out January 1, 2009. As stated in my lease upon moving the tenant will leave 50 gallons of oil in the tank. My tank holds 250 gallons and on December 11, 2008 I purchased a delivery of 254 gallons exactly. I started moving out on December 27, 2008 and turned the heat off on December 29, 2008 so it wouldn't waste. I spoke to the landlord and picked up some small things that were left in the house during the week of January 4 2009 while her husband was in the house painting. She came by my new place on January 8 or 9 to pick up the keys since she was in the neighborhood. I gave her the keys and she told me it wasn't any oil in the tank via her husband so she had to get a delivery on January 6, 2009. Now she said that the amount would come out of my security deposit which was only $359. I want to know shouldn't she have said something about it not being any oil in the house before she paid for a delivery? Also talked to my oil man which I have had the same one for the last four years of my five years in the house and he said there is no way that all that oil is gone. He sent me a copy of the receipt in case I need it. I just want to know if I can do anything about this or just let it be?

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