Holding Security Deposit for Utility Bills not Received (Slippery Rock: lease, tenant)

[bcr132]

Hi....are there any limits on how long a landlord can hold a portion of a tenant's security deposit (not the whole deposit) for final utility bills not received after the end of a lease? I have a landlord who is currently holding a portion of my security deposit in escrow for what he claims is a final utility invoice. For what it's worth, the 30 day deadline to return the deposit has passed...and, just to be clear, the landlord has not provided an actual final invoice to support the amount that he claims hasn't been received from the utility so it's not a question of me receiving the bill and refusing to pay.

[Kippy]

Originally Posted by bcr132

Hi....are there any limits on how long a landlord can hold a portion of a tenant's security deposit (not the whole deposit) for final utility bills not received after the end of a lease? I have a landlord who is currently holding a portion of my security deposit in escrow for what he claims is a final utility invoice. For what it's worth, the 30 day deadline to return the deposit has passed...and, just to be clear, the landlord has not provided an actual final invoice to support the amount that he claims hasn't been received from the utility so it's not a question of me receiving the bill and refusing to pay.

While I cannot answer your question, I would suggest that you contact the utility provider directly to inquire about the amount billed for that final month. Once you determine the amount billed, you will know if your former landlord is being honest or not and take things from there.

[bcr132]

Originally Posted by Kippy

While I cannot answer your question, I would suggest that you contact the utility provider directly to inquire about the amount billed for that final month. Once you determine the amount billed, you will know if your former landlord is being honest or not and take things from there.

The utility won't answer any questions without an account number which, unfortunately, I don't have.

[SuburbanPioneer]

Using a portion of the security deposit to pay utility bills doesn't make it any different. It is still a security deposit and regular laws apply. CMU gives this guidance regarding refunds:

The landlord must return your security deposit to you within 30 days after the end of your lease. If the landlord deducts anything for damages, he must give you a written list of damages and return the balance of the deposit within the 30 days. If the landlord doesn’t give you the written list of damages within 30 days, he loses the right to keep any part of your deposit or to sue you for damage to the property.

Furthermore, if the landlord does not return the difference between your deposit and actual damages within 30 days, you can sue him to recover double the amount that he wrongfully withheld, providing you supplied him with a forwarding address in writing when you moved. If you have not provided a forwarding address in writing, you can still sue your landlord, but only for the original amount. You can sue your landlord in District Justice Court without the need to hire a lawyer.

If you owe rent, the landlord can keep all or part of the security deposit to cover the amount you owe. The landlord does not have to give you any special notice to do so. If your landlord believes that you owe him for unpaid rent or damages in excess of the security deposit, he can sue you to recover the rest.

This is the state law. Individual counties, cities and municipalities may have additional regulations.

[bluecarebear]

Depends. Don't be surprised if you don't see the money back. Certain boroughs have now implemented legislation that allows the utility companies to go after landlords for renter's unpaid bills. I know that Slippery Rock does this and a couple other towns that want to keep out delinquent renters. That is why there are so many hoops to go through to rent in certain boroughs. The landlords don't want to be left responsible for the bills.

[Kippy]

Originally Posted by bcr132

The utility won't answer any questions without an account number which, unfortunately, I don't have.

Have you tried he good ol' call back and try a different CSR trick? Don't get into details, just say you don't have your account number handy and ask that they look it up by address or phone number.