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We rented a house in Pennsylvania for 3.4 years. We gave a 75 day notice of vacating the premises. Our official date of moving out was to be April 30, 2014, but we ended up moving out on April 15, 2014, surrendering the keys to the landlord’s business office secretary. During the entire 75 days, we stayed incontact with the landlord, offered to go through the house with him, and the landlord even gave us a wonderful letter of reference stating we were excellent tenants, paying our rent on time, giving him absolutely no worries throughout our tenancy, and even performing numerous repairs and upgrades to the house at our own expense. We left on excellent terms…or so we thought.
We gave the landlord our forwarding address on April 22,2014, which took us a few days because the lease we were heading to North Carolina to sign fell through. (Another long story) But we quickly found another home and immediately sent our new address to the landlord so he could send out our security deposit.
So, the landlord has 30 days to give the security deposit back. We started inquiring about it via text message on May 15, 2014, 30 days (though our written notice said April 30, 2014, so we weren’t sure if that was the 30 days he had in mind). On June 4, 2014, we received a UPS package with a shock. Not only does the landlord have no intention of returning our security deposit, this guy who said we were excellent tenants now alleges that we owe him over $10,000 in back rent,utility bills, and damages!
Much of what he is alleging ($8,000 of it) was a rent acceleration clause, which he waived at month 13 of our tenancy. We told him that we could not afford to stay if we had to pay higher rent, and he stated that he would rather us stay in the house than rent it to someone else, so that he would not raise the rent as the lease stated. Basically, he then proceeded to cash every single rent check for 3.4 years, gave us a glowing reference letter, and then slams us with this nonpayment of rent issue - what landlord lets a tenant go $8,000 past due? But, that is not the point.
PA Law is pretty clear - except when it is not. My understanding is that, since the landlord waited even ONE DAY past the 30 days, he owes us the security deposit, no questions asked, and he cannot ask for damages or back rent, right?
However, the last clause of PA Law leaves me confused. Since we couldn’t give him a forwarding address until April 22, 2014, as the last section of the security deposit law states, we didn’t give him our forwarding address on the DAY we surrendered the keys – can this small detail mean he doesn’t owe it?
can this small detail mean he doesn’t owe it?[/font]
No. Your last official day was April 30th and presumably you paid April's rent even though you physically left on the 15th? Whichever way you look at it, you gave him ample notice. Quite a bizarre turn of events!
No. Your last official day was April 30th and presumably you paid April's rent even though you physically left on the 15th? Whichever way you look at it, you gave him ample notice. Quite a bizarre turn of events!
I am not sure PA, but TX, it is 30 days from the day surrendered, not the last official day. STT is probably right, but it is worth it to look up the law.
I am not sure PA, but TX, it is 30 days from the day surrendered, not the last official day. STT is probably right, but it is worth it to look up the law.
Makes no difference. The OP turned over the property on April 15th and the LL didn't respond until June 4th which is way in excess of the 30 days required under PA law whether April 15 or April 30th is used.
(a) Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Delivery of the list shall be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing in this section shall preclude the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant.
(b) Any landlord who fails to provide a written list within thirty days as required in subsection (a), above, shall forfeit 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.
(c) If the landlord fails to pay the tenant the difference between the sum deposited, including any unpaid interest thereon, and the actual damages to the leasehold premises caused by the tenant within thirty days after termination of the lease or surrender and acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the amount by which the sum deposited in escrow, including any unpaid interest thereon, exceeds the actual damages to the leasehold premises caused by the tenant as determined by any court of record or court not of record having jurisdiction in civil actions at law. The burden of proof of actual damages caused by the tenant to the leasehold premises shall be on the landlord.
(d) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable. (e) Failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises
shall relieve the landlord from any liability under this section. (f) This section shall apply only to residential leaseholds and not to commercial leaseholds.
If you're offering the bolded segment as an excuse which the LL could use, I can guarantee that this will absolutely not fly legally in any jurisdiction. The OP was unable to provide the LL with a forwarding address until a week after handing over the premises because the exact address wasn't known due to circumstances beyond the OP's control. Plus, even after the 30 days had long expired, the LL made further demands upon the OP for monies over and above the security deposit.
If you're offering the bolded segment as an excuse which the LL could use, I can guarantee that this will absolutely not fly legally in any jurisdiction. The OP was unable to provide the LL with a forwarding address until a week after handing over the premises because the exact address wasn't known due to circumstances beyond the OP's control. Plus, even after the 30 days had long expired, the LL made further demands upon the OP for monies over and above the security deposit.
So what your saying is that a judge will go against state law?
In the context of this particular case, yes. Had the LL not eventually responded to the OP with a demand for additional monies it might possibly be adjudicated in strict accordance with state law but in this case the OP didn't exactly skip out on anything and advised the LL within a few days what the new address was.
[quote=STT Resident;35502566]In the context of this particular case, yes. Had the LL not eventually responded to the OP with a demand for additional monies it might possibly be adjudicated in strict accordance with state law but in this case the OP didn't exactly skip out on anything and advised the LL within a few days what the new address was.[/QUOTE
The law is clear. No notification of a change of address at the time of surrender of premises means the statute does not apply to the landlord. The law does not make exceptions to this rule. If it does, please let me know.
upon termination of the lease or upon surrender and acceptance of the leasehold premises
Termination was April 30, by which time the address had been provided to the landlord. This presumes rent was paid for the entire month of April - I still think the OP would prevail but it is slightly less clearcut if he only paid partial rent for April.
But a judge will look at the entirety of the case, not just one clause. And at least as the facts have been presented, the Landlord will have no grounds to enforce the rent escalation clause.
OP, you need to contact PA counsel to handle on you behalf, but for $10,000 this isn't something to mess around with. But my guess is that an attorney's letter calling the LL on his questionable tactics will put this to rest before it goes much further.
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