Landlord wouldn't give my deposit back nor receipt (rental, tenant)

[cezar9]

Here is my issue- I was on a m/t/m lease with a 30 day notice requirement. I recently had to relocate to the west coast but because everything happened so fast, I couldn't give my landlord 30 day notice and I only gave him 2 weeks notice. So on the day I gave verbal notice to my landlord I asked him if I could use my deposit in lieu of rent and get the rest refunded if he finds a tenant willing to move in within the 2 weeks period. Also, I immediately created an ad with pictures on craigslist. My landlord is not tech savvy so he couldn't have done this himself. I also helped him type a rental application and send it to his top 4 candidates. He also stated that he got 22 calls within the first week of posting the ad on craigslist. However, He recently told me that he rented the unit to someone who is going to move in after the week period implying that I won't get back the other half of my deposit (first half was used towards 2 weeks of rent). I suspect that my landlord is trying to double dip but there is no way to verify if someone moved In immediately because I already moved to the west coast. Also, the landlord seems to be afraid to give me a receipt stating that he is keeping the deposit as a lease cancellation fee (IRS?). He is also trying to get technical on rent vs. deposit and he seemed to be pushing the fact that the unit wasn't left in good shape (this is a complete lie). Long story short, do I stand a chance of getting anything back? Should I wait 30 days for a written notice with a detailed explanation on why my deposit was kept? If I don't get a notice this will negate his option to claim damages for cleaning the unit. Then, can I sue him for triple damages of the full deposit and ask him to subtract the last month's rent from the settlement? I am also going to be reimbursed for any lease cancelation charges by my new employer but I need a receipt.

[Copanut]

Originally Posted by cezar9

Then, can I sue him for triple damages of the full deposit and ask him to subtract the last month's rent from the settlement? I am also going to be reimbursed for any lease cancelation charges by my new employer but I need a receipt.

Why take such an aggressive tone? Just approach it logically.

[Pitt Chick]

Originally Posted by cezar9

I couldn't give my landlord 30 day notice and I only gave him 2 weeks notice. So on the day I gave verbal notice to my landlord I asked him if I could use my deposit in lieu of rent and get the rest refunded if he finds a tenant willing to move in within the 2 weeks period.

Most landlords I know would NOT give you anything back.
Not giving 30 days written notice means you forfeit your deposit.... at least that is how they do it.

[shadowfax]

^^ Agree. You didn't give 30 days, as per your lease agreement. You broke the lease so you are not entitled to have your deposit returned.

[cezar9]

Originally Posted by shadowfax

^^ Agree. You didn't give 30 days, as per your lease agreement. You broke the lease so you are not entitled to have your deposit returned.

However, the lease does not explicitly state that he can keep the deposit; it only states that a 30 day notice is required. Also, I gave him 15 days and helped him with the craigslist ad which produced at least 20 calls per his words. He has to make a good faith effort to rent the unit immediately and mitigate my expenses. He told me that some people were ready to move in immediately but he liked some guy who has very good income but who wanted to move in after the 1st of the next month. I suspect that he let the guy move in now but start paying rent after the1st of the next month.

[cezar9]

Originally Posted by Pitt Chick

Most landlords I know would NOT give you anything back.
Not giving 30 days written notice means you forfeit your deposit.... at least that is how they do it.

This is the purpose of the treble damages provision in PA - to protect you from landlords who don't want to give back your deposit.

[okaydorothy]

But you did break the lease. Also it was your choice to help him find a tenant.

Its a business and he is depending on you paying your rent for him to pay his expenses. You didn't hold up your part of the agreement and therefore fore fitted any refunds. You also let him use the deposit in lieu of the rent ; that again, is a no no. The deposit is against any and all damage, not to be used for rent.
A judge will probably side with the landlord, as you broke the lease, not him. He tried to make a good faith effort by looking for the best possible candidate ; do you think he should have taken the first possible tenant ; remember, it is the landlords property, not yours.

[Copanut]

No doubt you've never been a landlord. Most leases require first month's rent, last month's rent, and a deposit equal to 1 month's rent. Standard procedure. Sounds to me like you landlord is a good guy, you owe him two weeks rent, what's the big deal?

[Pitt Chick]

Originally Posted by cezar9

However, the lease does not explicitly state that he can keep the deposit; it only states that a 30 day notice is required. Also, I gave him 15 days and helped him with the craigslist ad which produced at least 20 calls per his words.

You are not listening... you broke the lease.

15 days is breaking the lease. Break the lease; forfeit your deposit.
Helping him with craigslist was nice on your part, but irrelevant to the legalities.

[Moby Hick]

Originally Posted by Copanut

Most leases require first month's rent, last month's rent, and a deposit equal to 1 month's rent. Standard procedure.

Really? I haven't rented in 10 years, but I was never asked for last month's rent.