How does this "30 days to give deposit" thing work? (lease, tenant)
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Ok, so I'm going to try and make this short. I texted my landlord 10 days before my lease ended and gave him my new mailing address for the deposit. The lease ended July, 31st 2013 (which is when we moved out). He was on vacation for a week when my lease ended so he told me to just put the keys on the kitchen counter. He got home on August 5th and he texted me asking about the mailbox key and garage opener (which I accidentally forgot to leave). I was really busy with my two kids and work so I told him I would drop it off August 9th. He texted me on August 9th and said occupancy for the rental didnt end until August 9th (so hes basically saying that i was techincay still living there- although he already began rippig out the carpet because he wanted wooden floors before that date). he said it didnt end until august 9th because that is when I returned the mailbox key and garage opener (he had all the keys to the house and a key to the garage). My lease ended July 31st so it's been 21 days and he still isn't giving us our deposit or an itemized deduction list. In pa (where I live) it says the landlord has 30 days to give an itemized list and full or part of the deposit (minus deductions). If I count from the lease ending he only has 9 more days to give me my deposit. But because I have the mailbox key and garage opener on August 9th does that mean I have to count 30 days from that day?
Also, I don't believe he has any intention of giving my deposit back, there were some small things that needed replaced (a window blind and a light switch plate (it was cracked before I moved in but it fell off when I was living there)). I scrubbed the whole house and steam cleaned the carpet before moving out, so he can't charge for much. My deposit was 1,250. When I moved out he texted me saying that I left garbage in my garbage can and that he wasn't giving me my 1,250 deposit because I'm responsible for trash removal (I paid the trash bill anyways). And hinestly? what does he expect- me to put my garbage on hold because im moving? i was living there at the time i out the trash in the can. So he's been making a lot of excuses not to give it back.
Also- I am most likely taking him to small claims court for the deposit but I'm deciding how I should go about it. I have two kids and my husband works full time so our schedule is tight. I don't want to make this a huge process so I was wondering... If we sue for just our deposit back I am under the impression he can't sue for damages . If I sue for double the deposit can he sue for damages? I don't want to have to go to court and prove what claims are real and which ones are not (I have pictures of all the rooms in my house before I left- but I don't think ill have the time or a babysitter to go to court more than once). I just want to weigh all my options- normally I wouldn't be such a ***** but he has constantly been texting and calling me even though the lease has ended. Hes refusing so give my deposit and wont give me a reason why. he's Saying I don't deserve a nice house (even though I have always paid my rent on time- never missed a single payment. cleaned and scrubbed every day because i have cleaning ocd). saying my husband is immature and needs to be responsible (because I have been the one contacting him because he works overnights full time so he can pay our bills), and has called me stupid multiple times. I'm just fed up and tired of his games and I want to know how to approach this in a way so I don't screw something up. I don't want to file with the court too early and screw everything up- and I don't want to make this a long exhausting battle. So any answers are really appreciated! Thanks!
Also, I was going to send him a notified letter when the 30 days were up asking for my full deposit or saying I'm taking him to smalls claims court. Do I just send him a letter or is there a certain thing I can print out and fill in to send to him?
Stop texting him and send a certified letter today if possible with Return Receipt Requested. In the letter, request the immediate return of your security deposit. Also remind him that per pa state laws he has 30 days from the end of the lease (july 31) to return your deposit and that he has until August 30 to return it to you or you will pursue all legal remedies available to you.
Just to be sure, why don't you wait until 30 days from the 9th? I don't think a judge will say you owe beyond July 31st, but might as well be sure.
Wait until that time is up, then send a demand letter to the LL. Doesn't have to be fancy.
Dear LL:
As you have not returned my deposit within the 30 days allowed by law, you have forfeited any right to keep any of it. Please send my full deposit in the amount of $______________ to the address below, by ______________x date (give him 7 -10 days) which I previously gave to you:
You
Your Address
Additionally, as you received the house key by July 31st, I dispute your claim to 9 more days of rent. The delay in returning the mailbox key and garage opener is not worthy of your claim for more rent.
If i do not receive my deposit by the above date, I will take the matter to court and will ask for the maximum allowed by law, which could include penalties of twice the deposit.
Sincerely,
You
Be sure about the twice the deposit thing and anything else I wrote that may be incorrect.
As far as him being able to sue you for damages. If he loses the deposit because he didn't send it in time, then no, he shouldn't be able to sue you for any damages. Whether you go for the amount of the deposit, or twice the deposit.
The mailbox key and the garage opener are legally irrelevant where your leaving is concerned. Your tenancy ended on July 31st and you did precisely what he asked you to do about returning the house keys.
I suggest you send him a brief and polite return receipt certified letter advising him that, as legally required, you vacated the unit on July 31st and left the house keys according to his instructions and that you expect to receive your security deposit no later than August 31st in accordance with your state landlord tenant laws.
Leave it at that and see what happens. Most of the time that sort of letter does the trick and there's no need to file in Small Claims court. Cross that bridge if and when you come to it.
Just to be sure, why don't you wait until 30 days from the 9th? I don't think a judge will say you owe beyond July 31st, but might as well be sure.
I disagree. If a tenant fails to return a mailbox and a garage opener (which is not the case here) a landlord can deduct the replacement cost for these items from the security deposit. Not returning them is NOT grounds for charging the tenant additional rent when the house keys have been returned. If she writes the letter now asking for her security deposit she may well not even have to even think of going to court which is the sensible course to take.
The mailbox key and the garage opener are legally irrelevant where your leaving is concerned. Your tenancy ended on July 31st and you did precisely what he asked you to do about returning the house keys.
I suggest you send him a brief and polite return receipt certified letter advising him that, as legally required, you vacated the unit on July 31st and left the house keys according to his instructions and that you expect to receive your security deposit no later than August 31st in accordance with your state landlord tenant laws.
Leave it at that and see what happens. Most of the time that sort of letter does the trick and there's no need to file in Small Claims court. Cross that bridge if and when you come to it.
I agree if per her lease the tenancy ended July 31, then that is the legal date that begins the 30 days that landlord must return the deposit. Sending a letter requesting return of the deposit has always worked for me whenever I had any problems with landlord dragging his feet.
I disagree. If a tenant fails to return a mailbox and a garage opener (which is not the case here) a landlord can deduct the replacement cost for these items from the security deposit. Not returning them is NOT grounds for charging the tenant additional rent when the house keys have been returned. If she writes the letter now asking for her security deposit she may well not even have to even think of going to court which is the sensible course to take.
I agree with STT on this, I cannot imagine any judge saying failure to return items that can be easily and inexpensively replaced by the landlord are grounds to charge additional rent.
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