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I'm having an extremely hard time with my landlord. Our lease said 60 days notice and we wanted to be out in a little over 30. We called July 18Th and told them we were looking but abided by the 60 day requirement. She put the for rent sign up and had the place rented about 2 weeks ago and called saying that it would be fine if we moved by Sept. 1st.
I'm very aware of the the rights I have as a tenant and believe I am correct when I say that I should know where my security deposit is being held and it doesn't state this in my lease. My husband called them saying we wanted a letter from her saying she allowed us to break the 60 days due to having it already rented. Then we told her that we wanted a walk through done with us present and she said technically she could keep our security due to us moving before the 60 days, even though she allowed it. IDK what to do. We're looking at another place and don't want a bad reference but I don't want to be walked all over. Is there anything I can do anyway? Could I file something due to not knowing where my security deposit is?
State? Not all states require the LL to notify you of where the deposit is being held. As for the 60 days notice if you didn't give it in writing it still hasn't been given. That said a LL cannot take rent from 2 people for the same time period so once the new tenant takes possession you don't owe anymore, with or without notice.
State? Not all states require the LL to notify you of where the deposit is being held. As for the 60 days notice if you didn't give it in writing it still hasn't been given. That said a LL cannot take rent from 2 people for the same time period so once the new tenant takes possession you don't owe anymore, with or without notice.
Seems like the LL broke the 60 day lease by already renting it. Obviously the new renters had to pay something, if it is already rented.
She can't have it both ways...
Here is a link to the opening page of the "renting" forum. Landlord Tenant Laws.....check for your State.State Landlord Tenant Laws
I'd email or text asking her again about your security. The point is to try to get her to put this in writing in case you try to file something. That also might be a breach of the lease.
Seems like the LL broke the 60 day lease by already renting it. Obviously the new renters had to pay something, if it is already rented.
She can't have it both ways...
Here is a link to the opening page of the "renting" forum. Landlord Tenant Laws.....check for your State.[url]//www.city-data.com/forum/renting/1379209-state-landlord-tenant-laws.html[/url]
I'd email or text asking her again about your security. The point is to try to get her to put this in writing in case you try to file something. That also might be a breach of the lease.
Thank you very much! I appreciate your reply. I'm very knowledgeable of the laws in PA but I'm not sure how to pursue this, since I never really get satisfying answers. I suppose I could send a certified letter stating what you have told me. I also have a voice mail recording of her saying they have new tenants and we should be out by the 1st.
Tenant Act of Pennsylvania regulates where residential security deposits must be kept and when interest payments on the security deposits must be made to the tenant.
The security deposit must, however, be greater than $100 or this part of the law does not apply.
Security deposit monies in excess of $100 must be deposited by the landlord in an approved bank, and the tenant must be notified in writing where the bank and deposit is located. Beginning with the third year of a lease the landlord must put security deposits over $100 in an interest-bearing bank account. At the end of the third year the landlord must start giving the tenant the yearly interest that is received from the bank, less a 1 percent fee that the landlord may keep. The landlord does not have to pay interest to the tenant during the first two years of the lease. A landlord may put up a bond instead of depositing security deposits in an escrow account. This bond is intended to guarantee that the tenant will get back the deposit with interest at the end of the tenancy.
Also, PA law does not require a landlord to do a move out inspection at the tenants request.
I thought PA was a No Required Mitigation state and a Contract Notice Violation Payment state. So a landlord is not required to mitigate damages and they can collect rent for periods covered by a required lease notice even if re-rented during that required notice period. If a landlord is agreeing to let you out of the lease early, they are still entitled to all rent for the period of any required notice written into the lease. So, in PA, I would think a landlord decision to re-rent doesn't impact monies owed under the notice requirment.
I thought PA was a No Required Mitigation state and a Contract Notice Violation Payment state. So a landlord is not required to mitigate damages and they can collect rent for periods covered by a required lease notice even if re-rented during that required notice period. If a landlord is agreeing to let you out of the lease early, they are still entitled to all rent for the period of any required notice written into the lease. So, in PA, I would think a landlord decision to re-rent doesn't impact monies owed under the notice requirment.
Thank you. I will look into this. We are have paid our rent and will continue to pay the rent for the period we owe. This will definitely not be an issue. My friend's father is an attorney in PA and told me the 60 days works both ways. They can not rent for this time period as well. He did say that if we were out (which would have been Sept. 18Th), we did not owe a full month of rent since it would either be rented and that we were not occupying the property for the full month. Thank you again for the information though! I've only was in touch with him for a brief moment and didn't want to waste his time as a freebie since his career depends on retainers and such. I didn't get to ask much. If need be, I will ask to hire.
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