Can I charge the tenant for damages after 30 days in Pa? (lease, tenant rights)
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I am a new landlord. I requested that our tenant of 3 years move out of the house so I may put it up for sale. The tenant moved out a few days before the end of lease and sent me her new address via Facebook. We have always communicated through Facebook because it was easier. Since I live in another state I had a friend do a walk through of the house. Numerous items were damages because of the tenants dogs. Cabinets were chewed on, carpets were stained and the yard had burn spots from urine. There was a $750 pet deposit but it does not cover the costs of the repairs. I could not arrive to the home to begin work for 2 weeks after the lease ended. I wanted to get the repairs finished to have the correct damage costs sent to the tenant. It was brought to my attention from a friend that I can not pursue damages since the 30 days have expired. Is this true?
Your state landlord tenant laws are probably linked in the first "sticky" on this forum and you need to check them. Most states require that you return the security deposit to your tenant within 30 days from the end of the lease, along with a written explanation and receipts for any deductions. Check the particulars for your state. If you haven't abided by them you cannot now make any deductions for anything and must immediately send your tenant the full amount of the security deposit.
Hint for the future - read your state landlord tenant laws and understand your responsibilities as a landlord. It'll save you a lot of future headaches. Good luck.
Even if there is damage done? I kept the $750 pet deposit and applied it towards the balance of damages but the remaining damage if over $2000. Are they able to sue me for the $750 as well as get out of paying for the damage?
I am a new landlord. I requested that our tenant of 3 years move out of the house so I may put it up for sale. The tenant moved out a few days before the end of lease and sent me her new address via Facebook. We have always communicated through Facebook because it was easier. Since I live in another state I had a friend do a walk through of the house. Numerous items were damages because of the tenants dogs. Cabinets were chewed on, carpets were stained and the yard had burn spots from urine. There was a $750 pet deposit but it does not cover the costs of the repairs. I could not arrive to the home to begin work for 2 weeks after the lease ended. I wanted to get the repairs finished to have the correct damage costs sent to the tenant. It was brought to my attention from a friend that I can not pursue damages since the 30 days have expired. Is this true?
I live in PA and from what I understand the landlord must submit a list of damages within 30 days from the end of the lease. I did give them my new address via facebook before the end of my lease. My lease ended the last day of June and I did not receive a list of damages until October 23rd. This list is very vague as well. No itemization. There were damages to the carpets but
Even if there is damage done? I kept the $750 pet deposit and applied it towards the balance of damages but the remaining damage if over $2000. Are they able to sue me for the $750 as well as get out of paying for the damage?
You really messed this up BIG TIME. Please be a more responsible landlord and read the Landlord Tenant Laws for PA and follow them. No judge is going to care about your trials and tribulations, how you are out of state, and what caused your delays. None of those things mattered or affected you while you were cashing those rent checks every month, I don't see why when its time to return/deduct from the security deposit, all of the sudden you can't be bothered.
You have 30 days from the end of lease to submit an itemized cost report to your tenants. At 30 days, you can be sued for up to 3x the security deposit (which frankly, at this point, I'm hoping they sue you). I guess, at best, you need to return the $750 ASAP, and I guess then you could potentially go after the $2k in small claims. You may need to consult an attorney to see if you can do this or not.
Either way, I'm sorry, but the fault lies with you. Pay and learn.
Even if there is damage done? I kept the $750 pet deposit and applied it towards the balance of damages but the remaining damage if over $2000. Are they able to sue me for the $750 as well as get out of paying for the damage?
Unless the pet deposit was specifically written as non-refundable you are in fact liable to return it to them since you haven't done what's legally required of you as a landlord. If your tenants aren't familiar with landlord tenant laws you might just get away with keeping it but if I were you I'd return it and eat the rest of the damages. If you start opening up the court can of worms it's likely it'll turn right around on you and you'll be liable for a whole lot more financial loss ...
I knew that story was very familiar but didn't follow through and check it. The question is appropriate and goes back to Einstein's definition of insanity.
Sorry guys. Just making sure this forum isn't one sided. Thanks for all your help!
It has nothing to do with being "one-sided", unless that side is with the law.
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