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Okay, where to start? I've been living in an apartment in Pittsburgh for almost 2 full years now. When we (my husband and I) first moved in, we had relocated to Pittsburgh for me to attend graduate school. We paid our security deposit and later got 2 cats. The current owner at the time told us not to pay a pet fee, just a pet deposit. I paid it. ($200)
The owner of the complex sold it in the late fall this year. First, the tenants were bullied into signing new leases and bringing in copies of proof of security deposit. I refused to sign a new lease, nor did I bring in a copy of my security deposit. It turns out the old owner didn't pass over the info. So already, I'm out my security deposit PLUS pet deposit assuming they refuse to recover the records. (We're up to almost $1,000). And before anyone says I should just get a copy of the deposit, I don't have one, I switched to a new bank up here and closed my account at the old bank and even when they did look for it, there is no record they can find. However it is EXPLICITLY stated in my lease that "the tenant cannot take ownership of the property until a security deposit is received for the amount of 1 month's rent."
The new management company is horrible. First they put hours on our gym. (Even though our lease states it is 24 hours.) They have entered our apartment without permission for "inspections" and without 24 hours notice. They do not work in the office the posted office hours. They never do maintenance, even when requested by mail. Most recently, their PHONE HAS BEEN DISCONNECTED so we can't even MAKE requests! Our rent also states that our lease includes high-speed internet and that has been shut off. I contacted the company today and they were able to tell me the phone was disconnected and the internet shut off because the bill was past due.
Do I have any legal recourse here? They lost my security deposit and pet deposit, I can't go to the gym, and I have no internet at home.
If I move, can they pursue me for damages since they "lost" my security deposit? My cats have done *some* minor damage to the apartment, and I accept that it is my responsibility to repair it or pay for it, but the amount is nowhere close to the amount of our security deposit.
They "bullied" other tenants by saying they would be evicted if they didn't sign a new lease. I knew they could not do this so I refused to sign and I was no evicted. However, other tenants didn't realize that and they did re-sign. I believe (because my neighbor told me) they were trying to raise rent for some tenants.
As far as the receipts go, they COULD be in my apartment somewhere, but I'm afraid they didn't make the move with us. We paid our security deposit via mail (we moved from NC to PA) and then purged a lot of stuff before we moved. We moved only with what we could fit in our car -- no furniture, etc... just clothes, pots and pans, books. I've looked through all of my records from the move and have copies of everything -- except the deposit receipt. I think maybe I paid it with a money order, but to be honest I don't remember, it was a couple years ago now and at the time I was too excited about graduating from college, moving, starting grad school, and planning a wedding.
Thanks for the good luck wishes, I think I'll need them...
PS -- Our lease is up in August and I *could* ride it out but if they don't fix the internet I can't live there, I am a student and I need it on an almost daily basis. There are also some places for rent right now since the undergrads just finished and it will be easier for us to find a new place. And really, I just hate giving my hard-earned money to someone who doesn't live up to their contract.
They "bullied" other tenants by saying they would be evicted if they didn't sign a new lease. I knew they could not do this so I refused to sign and I was no evicted. However, other tenants didn't realize that and they did re-sign. I believe (because my neighbor told me) they were trying to raise rent for some tenants.
As far as the receipts go, they COULD be in my apartment somewhere, but I'm afraid they didn't make the move with us. We paid our security deposit via mail (we moved from NC to PA) and then purged a lot of stuff before we moved. We moved only with what we could fit in our car -- no furniture, etc... just clothes, pots and pans, books. I've looked through all of my records from the move and have copies of everything -- except the deposit receipt. I think maybe I paid it with a money order, but to be honest I don't remember, it was a couple years ago now and at the time I was too excited about graduating from college, moving, starting grad school, and planning a wedding.
Thanks for the good luck wishes, I think I'll need them...
PS -- Our lease is up in August and I *could* ride it out but if they don't fix the internet I can't live there, I am a student and I need it on an almost daily basis. There are also some places for rent right now since the undergrads just finished and it will be easier for us to find a new place. And really, I just hate giving my hard-earned money to someone who doesn't live up to their contract.
They can't do that, tell your friend that resigned to talk to an attorney.
Of course there is always the small claims option to resolve disputes once you vacate...
In my experiences, leases are valid for the term and both parties are bound... the only exception I know is when a Disaster makes the unit uninhabitable.
Law in my State provides the tenant, upon request, one free copy of the lease per calender year.
Most Landlords will circulate an Estoppel Letter during escrow to confirm rent, term and deposits.
Courts here give a lot of leeway to consumers and hold business to a higher standard... I would be surprised if the Landlord could make a case against you from the information provided.
Any reduction in agreed services... per the rental agreement, should be accompanied by a rent reduction or offset.
Okay, where to start? I've been living in an apartment in Pittsburgh for almost 2 full years now. When we (my husband and I) first moved in, we had relocated to Pittsburgh for me to attend graduate school. We paid our security deposit and later got 2 cats. The current owner at the time told us not to pay a pet fee, just a pet deposit. I paid it. ($200)
The owner of the complex sold it in the late fall this year. First, the tenants were bullied into signing new leases and bringing in copies of proof of security deposit. I refused to sign a new lease, nor did I bring in a copy of my security deposit. It turns out the old owner didn't pass over the info. So already, I'm out my security deposit PLUS pet deposit assuming they refuse to recover the records. (We're up to almost $1,000). And before anyone says I should just get a copy of the deposit, I don't have one, I switched to a new bank up here and closed my account at the old bank and even when they did look for it, there is no record they can find. However it is EXPLICITLY stated in my lease that "the tenant cannot take ownership of the property until a security deposit is received for the amount of 1 month's rent."
The new management company is horrible. First they put hours on our gym. (Even though our lease states it is 24 hours.) They have entered our apartment without permission for "inspections" and without 24 hours notice. They do not work in the office the posted office hours. They never do maintenance, even when requested by mail. Most recently, their PHONE HAS BEEN DISCONNECTED so we can't even MAKE requests! Our rent also states that our lease includes high-speed internet and that has been shut off. I contacted the company today and they were able to tell me the phone was disconnected and the internet shut off because the bill was past due.
Do I have any legal recourse here? They lost my security deposit and pet deposit, I can't go to the gym, and I have no internet at home.
If I move, can they pursue me for damages since they "lost" my security deposit? My cats have done *some* minor damage to the apartment, and I accept that it is my responsibility to repair it or pay for it, but the amount is nowhere close to the amount of our security deposit.
Thanks!
You do not have to break the lease. As far as I am concerned it has already been broken by the management company. If I were you, I would send letter certified mail with return receipt notifying them that they are in violation of sections A, B and C on the lease and that in accordance with that document they have broken the lease and that you are giving notice that you are moving in 30 days. (or whenever).
Most likely if you hope to collect your security deposit you are going to have to come up with some kind of documentation that you paid it. But as far as then collecting a security deposit after the fact, I don't think that is something they can do legally. But you are going to have to check the tenant and landlord laws in your state to be certain.
Can they charge us for damage to our apartment even if they have retained the security deposit?
A deposit is just that... it's not a damage waiver as when renting a car.
Landlord can attempt to recover legitimate "Damage" and unpaid Rent...
One of the best things my State did was give Renters the option of a pre-move inspection... it provides an opportunity for both parties to walk-through the unit and discuss potential issues.
So if we had proof of our security deposit they would be required to pay it back to us in full regardless of the condition of the apartment and then bill us separately for damages? Sorry, want to make sure I understand. Every place I've lived before took damages out of the security deposit and refunded the remainder...
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