Bit of advice re: Late list of damages and unreturned security deposit (lease, tenant)
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Hello all. I am looking to double check my understanding of Pennsylvania State code concerning the return of a security deposit.
I had rented a property for a year and a half in Pennsylvania. Per my lease requirements I mailed them a notification 67 days before I intended to move out (the lease required 60) and provided my new mailing address. After moving out I mailed the keys to the home back to them and they received them a couple days before my move out date but to be fair to them I say the move out day was the last day of the months (a 30th). All mailings were done certified mail so I have copies of the property management's signatures and proof of receipt.
38 days after I had moved out (8 days past the required 30 day limit by PA law) I still had not received any return on my security deposit or list of damages so I called the property management company to check on it. They told me they had sent out a letter 18 days after I had moved out asking for more time and that I must not have received it (they did not send it certified mail so neither of us can prove it was or was not mailed). I asked that they send me a new copy of that letter and reminded them that per PA State Law they had to return my security deposit (and provide a list of deductions) within 30 days.
46 days after move out (16 days late) I got the letter they had supposedly sent me 18 days after I moved it. It was a letter that simply said "This letter is to inform you that your security deposit is being held pending all final charges." (that is literally the only thing contained in that letter aside from my name and mailing address).
48 days after move out (18 days late) I got a letter from them claiming they were keeping all of my security deposit due to "Repairs and Flooring expenses".
I contacted them through certified mail reminding them again that per PA State Code 68 P.S. 250.512 they had 30 days to get me that list and had failed to do so. Per 250.512(b) they had "forfeit[ed] all rights to withhold any portion of sums held in escrow, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises."
Their response was that they had sent the letter on May 18th requesting more time. They then (now 57 days past move out) sent me a more detailed accounting of the damages (which suddenly included new items that had not been mentioned in letter sent 48 days after move out and now mysteriously did not have items listed that I had refuted because they were clearly listed in the lease as not being my responsibility though no refund for those missing items was offered). Again, no receipts were included.
Clearly I am going to have to take them to small claims court to try to retrieve this security deposit. Fortunately their refusal to provide receipts, their varying lists of damages, and before and after photographs I took are going to work in my favor but I just want to double check the matter of the letter supposedly sent 18 days after my move out.
Would a letter that only states "This letter is to inform you that your security deposit is being held pending all final charges." be enough to put them in the clear for fulfilling their obligations per PA State Code for the 30 day mark? I don't think it would but they sure are acting like it is. I need to know because if it does not put them in the clear I intend to take them to court for double the deposit.
Thank you for your time.
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Last edited by FrustratedTenant2; 06-27-2011 at 05:52 PM..
It's not just what the law says but how judges have applied it to other cases. You should do some additioanl reserach but don;t let that delay your filing in small claims.
They told me they had sent out a letter 18 days after I had moved out asking for more time and that I must not have received it (they did not send it certified mail so neither of us can prove it was or was not mailed).
This is laughable. I would send a final letter (certified, of course, with a signed receipt) politely demanding an immediate refund of your security deposit. Courts like to see that you've exhausted every reasonable avenue to resolve your claim without litigation. And if you can show that the landlord is being unreasonable and/or ignoring your good-faith efforts to clear the matter, then so much the better.
I agree with PacificFlights that caselaw is really what's relevant here. But this is just too absurd. The law even states that the 30-day window can not be waived by contract or other means, so I really think you have a landlord operating on some bad advice.
Then again, I am not a lawyer. Speaking from personal experience, however, Pennsylvania's MDJs are generally very friendly to pro-se litigants.
I wouldn't even bother with a final letter. They are legally in the wrong and you have all the documentation to prove it. Just file in Small Claims court. Who knows, it may never end up in court but if they decide to settle in advance just make sure they also reimburse you for your court costs, etc. I don't think you even need any "good luck" wishes - just have fun. Cheers!
OMG! You've met my former LL! (if it's not the same, the tricks are similar, no receipts, strange damages, keeping deposit).
Sorry to hear you had a similiar situation. I figured going with a place with a property management company would make things go smoother then my last couple rounds with part-time landlords who happen to have an extra house but apparently I was wrong!
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