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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Exclamation Failure to Return Security Deposit

    My question involves a security deposit in the State of: Pennsylvania (Delaware County). I moved out on 10/31/09. According to the law, the landlord has to return security deposit (less damages, if necessary) within 30 days from tenant vacating the property. When I moved, I gave my landlord my new address. This information was given to him directly. In addition, I acknowledged that the venetian blinds and door knobs would need to be replaced. Furthermore, he stated that he was replacing the carpet and that I wouldn't have to worry about cleaning it. In addition, the law says that if security deposit and an itemized lists of any said damages are not returned within 30 days, the landlord loses his right to claim damages and must refund full security deposit. Moreover, the law states that at this point, a tenant could sue for twice the amount of security deposit but the landlord would be able to claim damages. Thirty days had passed and we heard nothing from our landlord. Finally, we contacted a government agency and they contacted the landlord. He then claimed that the reason that he didn't provide any information is because he had no forwarding address and had no way to reach me. This is not true. I wrote my address on a piece of paper and gave it directly to him. Furthermore, he has my work number, my e-mail address, and I see him every morning when I put my child on the bus. I have the same bus stop, even though we moved. Also, I had accidentally put some important papers in the trash and 3 days after I moved, he called me and told me to come and get the mail. Finally, about 3 weeks ago, I was sitting in my car, waiting for my child's bus and he came down the street, got out of his vehicle, and handed me my mail. Now, that his time has expired, he is claiming that he had no way to reach me. I acknowledged the items that would have to be repaired. Our security deposit was $725 plus it should have been accruing interest. Now, he is claiming damages to his kitchen floor that was caused by his old, leaky, refrigerator. What can I do? Is the law? the law?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Failure to Return Security Deposit

    Are you stating that you never put in a forwarding request for your mail?
    Quote Quoting 68 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.
    Pretty clearly, he's shooting for that exception. You have the right to sue him in small claims court, and to try to argue that his conduct belies his claim that you did not give him a forwarding address.

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Failure to Return Security Deposit

    Dear Mr. Know it All,

    I put in a change of address with the Post Office about 2 weeks before I moved and if he sent something to our last know address (his former property) and it would be forwarded to my new address. Recently, he sent sent me a very nasty letter accusing me of deliberately waiting more that 30 days to contact him so that I could get my security without him recovering damages. As I told the agency, the law says that he has 30 days to return my deposit. Why would I contact him prior to that? Furthermore, he knows that he has to return the deposit? I am prepared to go to court. I am sure that he will deny he ever received a forwarding address. I will point to his conduct that he was given my address and he still has all my contact information.

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