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Keep in mind that if you sue for the security deposit that you may be entitled to the LL can counter sue you for unpaid rent for usage of the garage since you failed to get all garbage removed prior to move out.
That may be something the judge may consider or not and will be something you have to wait and see what will happen.
If you have proof that the LL allowed that without getting storage payments or rent then you are fine but guess what...if you just have that phone call it will be hard to proof your case since the LL will deny that being said and again what a judge may decide is up to the judge.
I'm just pointing out that it is only a clear case if one party can proof everything the you don't have to worry but the other party may have something you may not think about and/or may not be as honest to say you are right.
Judges go by what is proven and clearly you leaving boxes after the move out is a problem you need to overcome to win on all fronts.
Aside from that do you have move out pictures? The LL may have move in pictures and move out pictures and invoices. I already responded to the labor part the LL performed which will most likely be thrown out unless it can clearly proven to be more than normal work.
Keep in mind that if you sue for the security deposit that you may be entitled to the LL can counter sue you for unpaid rent for usage of the garage since you failed to get all garbage removed prior to move out.
According to the OP's post #8, a LL being sued in PA cannot file a counterclaim for damages unless the plaintiff is taking the option of suing for double the amount of the SD.
Unless something has changed i know here in Ohio, they have 30 days to return your deposit. They can charge for carpet the cat ripped up but not carpet cleaning as an example.
Unless something has changed i know here in Ohio, they have 30 days to return your deposit. They can charge for carpet the cat ripped up but not carpet cleaning as an example.
The laws vary slightly from state to state. The OP is in PA. Most state laws are linked in the first "sticky" on this page.
Thank you for responding. I live in PA (sorry for not mentioning that), I emailed them a demand letter and will send a hard copy out tomorrow via certified mail. @ bentlebee I was worried what would happen if I took them to court and they still didn't pay, I didn't know I could file for a lien on the property so thanks for that.
I can only talk about Florida and of course a tenant has the easiest way to collect with filing for a lien on the property. Anything you file for will cost filing fees but you will be able to collect interest and court cost back later on.
Make sure you have all your papers ready and organized and it is normal to be nervous when you have your court date and be prepared for the other party to lie.
You probably will only get a few minutes to talk so be ready and prepared and make sure not to forget any paper.
Bring your lease and all records of payments if possible since you never know if your LL comes up with something unexpected and if you can immediately show you are right the judge will believe the rest as well but if you have to say time after time that you didn't think it was important than you will be out of luck.
Just a thought on negotiations, it might be worth it to ask for the maximum amount allowed, so when you have to negotiate, you negotiate down to what you want. All I'm saying is that if you go for just the SD+court costs, and win, and he appeals, he might try and win through attrition by wearing you down so that you accept half of the security deposit to go away.
And, if he finds you suing for twice the deposit, he might offer you the whole thing back to go away and drop the suit.
Quote:
Originally Posted by bentlebee
Keep in mind that if you sue for the security deposit that you may be entitled to the LL can counter sue you for unpaid rent for usage of the garage since you failed to get all garbage removed prior to move out.
The OP quoted the law in a previous post. If he only goes for the security deposit, and not twice the security deposit, the LL can't appeal.
If he chooses to try for twice the deposit, the LL has the right to appeal.
This is why the OP has been advised to only go for the amount of the security deposit, and not the penalty amount of twice the deposit.
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