Tag Archives: LANDLORD TENANT LAW

How can I recover my security deposit if I can’t find my landlord?

Q: My landlord has not returned my security deposit and is now nowhere to be found. I do not know her current address and she has not returned any of my phone calls or text messages. What can I do? (Pittsburgh, PA)

A: In PA, you need to serve your landlord with written notice of your request to refund your security deposit within thirty days of moving. Send it via certified mail, return receipt to her last known address. If you do this and the landlord fails return your security deposit, he or she can be penalized under the law in addition to being ordered to return the security deposit. If it is returned, keep the card as evidence. Create a paper trail and save all your documents. You can ask your post office for advice on searching for the new address. If you fill out a request form, they may be able to give you forwarding address information. Keep your documents and if the landlord ever resurfaces you will have records to show you made a diligent attempt to find him and might be able to get your security deposit back plus damages.

She won’t move from my property

Q: I temporarily helped a person in July. She is staying in my motor home & refuses to leave. It’s now December and she refuses to pay at all. She owes for 3 months now. (West Newton, PA)

A: She is likely to be considered a tenant under the law and you will need to file an eviction complaint at the local District Justice office. They have forms and may be able to guide you on posting the 10-day notice and filing the eviction complaint for possession and rent owed.

Can a stroke patient appoint a new power of attorney after being declared incompetent?

Q: A month ago, my mother, an incredibly healthy, independent 76 yr. old had a stroke and a heart attack. She lived but missed the critical window to dissolve a blood clot. Since the stroke, she has been on a host of medications which she and I both believe are causing her to be very sick, confused, unable to communicate clearly, and above all, decline rapidly. I’m with my mom every day. She confides in me and I know what she wants. Recently, while in Kaiser ER, she appointed me to make all decisions for her care should she become incapacitated. I signed the paper there and at her nursing facility when she first got there. The very next day, I was shocked to bump into her old friend at this nursing facility, who said she had just signed the same papers there and is now her new POA! My mom does NOT want this! A former trustee in my mom’s original will, she was removed last year when my mom modified the will. She immediately began to insist I hand over my mom’s checkbooks, alarm code, house keys, credit cards, & has since locked me out of the house! We don’t agree on ANYTHING about Mom’s plan of care. My mom wants to come home, but she won’t let her! Please help? (Scott Twp., PA)

A: This is a terrible situation, and you need legal counsel. If you were appointed Guardian, the guardianship would trump the POA. As a child, you would have standing to be her Guardian, than an “old friend”, unless you are not fit by state law to be Guardian. You will need to consult with an attorney. If your attorney can examine the POA this old friend has, he can determine if it is compliant with PA state law as well as advise you on filing to be her guardian. Regarding being locked out of the home, were you living there? If so, the old friend must follow the PA Landlord Tenant Act and give you appropriate notice. That will at least give you a month or two in the home.

Can my sister evict our elderly mother?

 

Q: Eight years ago, my sister convinced our mother to leave a HUD subsidized senior complex to live in her house instead. At the time she wanted our mother to take care of her house while she lived elsewhere. My mother uses most of her Social Security pension, her only source of income, to pay my sister a monthly rent plus other expenses. My sister has just given notice that she wants our mother out of the house so that she can convert her house into a full rental unit. We are trying to find a place for her, but so far, all the federally subsidized places we have looked at have a one to three year waiting list. My sister says she must be out in six months. Does my mother have any legal rights to remain in the house until she finds another viable living arrangement? (Versailles, PA)

A: I think the reality of the situation is that your mother needs to find elsewhere to live. You could consult with a landlord tenant lawyer. Your mother has rights under landlord tenant law. Normally however, landlord tenant laws are not so generous as to allow six-months-notice unless such time is provided in the lease. You could assist her by reaching out to senior housing programs.

Can a landlord split the water bill?

Q: Can my landlord of our duplex have the tenants split the water bill when there is one meter in the building? My water is included in my rent. (Penn Hills, PA)

A: As stated, if water is included in your rent, and you agreed to that term when you signed the lease, I do not see the landlord as having a problem. It might be different if you agreed to “split” or “share” the actual water bill and the other tenant is a water hog, using much more than you. Even if obligated by the lease, you may have a fairness argument, for what it would be worth.

Is there anything called squatters rights?

 

Q: About 3 months ago my daughter had her heroin dealer and his girlfriend move into my parents (her grandparents) home. Before my parents knew they were drug dealers they all agreed they would pay my parents $200 a week to stay here. My parents have only received $100 up to date. These people are dealing drugs out of my parent’s home, eating all the food, not to mention taking things from them, destroying the house and back yard. My parents told them they must move out, and had an agreement with them to leave on August 2,2017. They are still here and now are completely avoiding my folks. They have built some sort of lab or shop in the back half of the basement and my parents cannot go in there. Now they are stating they have squatter’s rights and don’t have to move out (because the guy was in jail and receives his “bail mail” here). They also say they have the right to live here until they get a written 30-day eviction notice. Please help. (Monessen, PA)

A: As far as I know, “squatters” have no rights in PA. There are several areas of law applicable. I don’t know how old your parents are but they sound like they are being exploited so you can call Adult Protective Services and see if they will do a home assessment. If these people are dealing drugs, call the police. I am not sure how policing is in your community, but it can be quite good. Police can observe, conduct surveillance and they can investigate. Just stopping in may freak these people out. Also, see a lawyer about eviction and securing their financial assets. These people may unfortunately have tenant rights and an eviction may be necessary

Small claims court for landlord dispute?

Q: We moved out of our apartment 2 weeks ago and I contacted my landlord to ask about getting the deposit back. She informs me we have a flea infestation and will be withholding at least some of our very expensive deposit. We were shocked because at first, this may sound plausible because we do have a cat and a dog. However, all our pets have been on flea meds forever. I have inspected them and our vets have inspected them and they do not have fleas. They never have. Nor have I ever seen a single flea or gotten a bite. As far as I am concerned this is a total lie. Do I have a case for small claims court or is this a losing battle? I am a poor graduate student and I feel like I am just getting taken advantage of. We have been model tenets and were anal about cleaning the apartment when we left. Thank you. (Plum Borough, PA)

A: Generally, a landlord has thirty (30) days to return a security deposit to a tenant after vacancy. Proof is always an issue in these cases. My suggestion is to send the landlord a written demand via regular mail and certified mail, return receipt, (green card), in which you request your security deposit to be returned and provide your new forwarding arrest. You can state in the letter the date upon which you vacated the premise. The burden would then be on the landlord to either pay you or provide written reasons why she is not. If you feel her reasons are not genuine, you can file a complaint for return of the security deposit plus costs at the local District Justice. If you win the landlord is subject to paying you damages above and beyond your deposit and costs. I would have your veterinarian documents prepared for court. If the landlord is represented by counsel, you may want to have one as well.

Must my landlord return my security deposit?

Q: Is landlord allowed to retain security deposit after broken lease? Had an apartment with a very laid back landlord. Also had a roommate who had to leave the lease, I couldn’t cover the rest of the rent. Gave the landlord a three month heads up, which verbally was OK with. We left the lease June 1st even though it ran until Sept 1st. No legal written statement of landlord being OK with this but I do know he is currently renting the spot and has been since July 1st. After talking with him about security deposit at the end of July over the phone, he claims there were $300 in cleaning but has not provided any sort of list. He still hasn’t sent us the security deposit back. I’m wondering what legal action I can take and since a lot of dealing with this landlord was ‘off the cuff’ am I legal obligated to fulfill the rest of the lease? (Pittsburgh, PA)

A: In PA, a landlord has 30 days after the lease has ended or the leasehold is surrendered to return a security deposit after the tenant has requested in writing the return of the deposit and provided the landlord with his or her new forwarding address. As a matter of procedure, you should do this via certified mail, return receipt. If the landlord fails to return the money and has not explained a reason as to why he retained the deposit (i.e. clean up), the tenant can sue him for the deposit amount as well as damages. The landlord should be able to document his damage expenses. It must be damage and cannot be normal wear and tear. If you fear that since you left a month early, he could claim the month of June in unpaid rent, you may want to reconsider going after the deposit. An attorney would need to look at the lease before advising you.

Must my landlord return my security deposit?

Q: Is landlord allowed to retain security deposit after broken lease? Had an apartment with a very laid back landlord. Also had a roommate who had to leave the lease, I couldn’t cover the rest of the rent. Gave the landlord a three month heads up, which verbally was OK with. We left the lease June 1st even though it ran until Sept 1st. No legal written statement of landlord being OK with this but I do know he is currently renting the spot and has been since July 1st. After talking with him about security deposit at the end of July over the phone, he claims there were $300 in cleaning but has not provided any sort of list. He still hasn’t sent us the security deposit back. I’m wondering what legal action I can take and since a lot of dealing with this landlord was ‘off the cuff’ am I legal obligated to fulfill the rest of the lease? (Pittsburgh, PA)

A: In PA, a landlord has 30 days after the lease has ended or the leasehold is surrendered to return a security deposit after the tenant has requested in writing the return of the deposit and provided the landlord with his or her new forwarding address. As a matter of procedure, you should do this via certified mail, return receipt. If the landlord fails to return the money and has not explained a reason as to why he retained the deposit (i.e. clean up), the tenant can sue him for the deposit amount as well as damages. The landlord should be able to document his damage expenses. It must be damage and cannot be normal wear and tear. If you fear that since you left a month early, he could claim the month of June in unpaid rent, you may want to reconsider going after the deposit. An attorney would need to look at the lease before advising you.

Must my landlord return my security deposit?

Q: Is landlord allowed to retain security deposit after broken lease? Had an apartment with a very laid back landlord. Also had a roommate who had to leave the lease, I couldn’t cover the rest of the rent. Gave the landlord a three month heads up, which verbally was OK with. We left the lease June 1st even though it ran until Sept 1st. No legal written statement of landlord being OK with this but I do know he is currently renting the spot and has been since July 1st. After talking with him about security deposit at the end of July over the phone, he claims there were $300 in cleaning but has not provided any sort of list. He still hasn’t sent us the security deposit back. I’m wondering what legal action I can take and since a lot of dealing with this landlord was ‘off the cuff’ am I legal obligated to fulfill the rest of the lease? (Pittsburgh, PA)

A: In PA, a landlord has 30 days after the lease has ended or the leasehold is surrendered to return a security deposit after the tenant has requested in writing the return of the deposit and provided the landlord with his or her new forwarding address. As a matter of procedure, you should do this via certified mail, return receipt. If the landlord fails to return the money and has not explained a reason as to why he retained the deposit (i.e. clean up), the tenant can sue him for the deposit amount as well as damages. If you fear that since you left a month early, he could claim the month of June in unpaid rent, you may want to reconsider going after the deposit. An attorney would need to look at the lease before advising you.