Tag Archives: SECURITY DEPOSIT

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.

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.

How do we break my brother’s lease?

Q: Our brother will be hospitalized for over a year due to total blindness. How can we get him out of his lease with 7 months remaining on the lease. He has to be hospitalized in another city for total rehabilitation. He is totally blind with frontal lobe tram.

A: Of course I would need to check your lease to give you more certain advice. However, I can advise generally. You would need to immediately notify the landlord in writing. Tell him that your brother has vacated the apartment on a certain date, and that you want the security deposit back. I would send this certified mail, with your brother’s new address on it. Even though you are breaching the lease the landlord has a duty to find a new tenant ASAP to limit his damages. If the landlord sues your brother at the District Justice level, he will need to show his efforts to mitigate his damages by advertising for a new tenant. In addition, vacate and clean the apartment as soon as possible and photograph everything. Unless he can show difficulty in finding a replacement tenant, your damages will be mitigated.