Landlord HELP in PA (Pittsburgh: lease, eviction, lawyer) - City-Data Forum

tenant37 · 03-28-2012, 01:42 PM

What does it mean in a Lease stating, "Tenant shall, upon the execution hereof, pay to the Lessor the sum of $___ (acknowledged by the signing of this lease agreement,) as a Security Deposit..."
Does 'hereof' mean the security deposit is due at the execution of term of the lease (the move-in date), or the execution of the agreement (signing date) of the lease?

Also, can a landlord require a security deposit at the signing of a renewal many months before the end of the current lease term and the start of the new one?

Furthermore, if the landlord --at signing of the renewal-- says the security deposit can be sent in later, can they then suddenly pursue the eviction process on the renewal if the security deposit has not been received, even if it is many months before the start of the term, and the landlord had not asked for it?

And finally, if the landlord has broken the no-increase-of-security-deposit-after-five-years law, how does that affect the situation?

Thank you.

Burghgirl17 · 03-28-2012, 01:47 PM

It sounds like you need to contact a lawyer who has experience with landlord-tenant law.

tenant37 · 03-28-2012, 02:02 PM

Quote:

Originally Posted by Burghgirl17

It sounds like you need to contact a lawyer who has experience with landlord-tenant law.

Can't really afford a lawyer unless this gets really bad... I mean, why blow my security deposit on legal fees and still end up paying the landlords something? I can barely scrape together enough to pay double rent this month (rent plus a security deposit) since the landlord gave me no warning.

I am open to any free advice, legal or otherwise, you can direct me to. I have heard of tenant advocacy groups and such that offer free advice, but have yet to find a link...

Bong477 · 03-28-2012, 02:07 PM

I'm not sure I understand the situation. You've been staying at this place for a while and the landlord is asking for additional security deposit to renew the lease? Told you that you could pay it later, then when you didn't pay it immediately tried to kick you out?

XRiteMA98 · 03-28-2012, 02:42 PM

I don;t understand it either. The security deposit has to be paid when the tenant moves in, with the first month rent. Its role is to cover the eventual damage that the tenant makes, beyond normal wear and tear. It should be stated clearly in the lease contract that you both signed before you moved in.

shlewis · 03-28-2012, 02:43 PM

Saying someone can do something is exactly worth the paper it's not printed on.

"Hereon" means at execution of the agreement. If you had signed without the check and it had been accepted you were already in breach.

Why don't you pay your landlord the additional security they are requesting? If you appear unwilling/unable to meet that condition of your contract with them they are fully entitled to pursue eviction as you are the one causing the breach.

I'm not sure how familiar your landlord is with your financial situation, but if the additional security was a large sum they may have raised it in an effort to have you choose to not continue your lease.

XRiteMA98 · 03-28-2012, 02:48 PM

Usually before you move in you should give the landlord a check for both security deposit and the first month rent. Some places charge two month rent as security deposit. It happened to me when i was a renter. So indeed it I had to pay three month rent before I got into that appartment. But this was in Mt lebanon, so it was sort of exception. the norm is one month rent.

Upon renewal the landlord can't and won;t ask you for more security deposit. You paid it once at the begining and that is it, even if you stay there more years and renew the lease each year.

When you leave, you will get your security deposit back minus the eventual repairs for the damages that you made.

ferrarisnowday · 03-28-2012, 07:28 PM

The original security deposit usually just carries over to the renewed lease. I've even had landlord's increase the rent and not ask for the equivalent increase in security deposit.

I typically try to deal with landlords via e-mail, so that there is a record of any promises or deals that are made. Even if we talk on the phone or in person, I'll send a follow up e-mail like "Hey, I did X, and Y should be in the mail. I just wanted to confirm Z."

Quote:

Furthermore, if the landlord --at signing of the renewal-- says the security deposit can be sent in later, can they then suddenly pursue the eviction process on the renewal if the security deposit has not been received, even if it is many months before the start of the term, and the landlord had not asked for it?

It doesn't matter what they said if you can't prove it. It sucks, but you have to go by whatever the lease says.

Bong477 · 03-29-2012, 05:54 AM

Landlords can ask for additional security deposit on lease renewal but its not common practice. If you don't like it, move. That's the most likely reason the landlord is raising it, to make you move.

tenant37 · 04-06-2012, 12:13 PM

Quote:

Originally Posted by Burghgirl17

It sounds like you need to contact a lawyer who has experience with landlord-tenant law.

I would like to. Can you recommend one?

Ideally, I would appreciate free legal help from a tenant association or something, but I haven't had much luck finding one in PA or Pittsburgh. At least a free consultation from a regular housing lawyer would help, but I'll settle for whatever will get this resolved.