Landlord not returning deposit after 30 days

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wctenant

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My state is PA, Chester county
Hi everyone
I moved into a house share last year with a girl, whose mother owned the house we lived in. We had separate agreements and deposits. I was a very good tenant. Quiet, never late with rent, etc. In June I moved out as I found the mother/landlord almost impossible to deal with and I felt that she was crossing the line between landlord and "mother". We did not have a lease, we had a rental agreement drawn up by her. In hindsight if something like that should come up again I probably would not sign such an agreement.
The agreement was a month to month agreement stating either party could terminate the agreement at any time. Me providing 30 days, her at a moment's notice. It also included a deposit for myself to be returned within 60 days of vacating the premises and a 150 deposit for my 10 pound dog.
my question is it has now been almost 90 days since I moved out. I called her two weeks before I was to leave and asked her to meet me at the house to check everything and she never met me. I called again the day before I left and asked her if the place was ok and she said she hadn't had a chance to go over there. I steamed the floor in my bedroom and left everything in what I thought was excellent condition for a 35 year old house. I gave her 60 days notice before I left and in my notice I asked her if there was anything that needed to be repaired. She did not reply. I called her one month before I left to ask the same thing and invited her to come over and take a look and again 2 weeks before and she never did.
So today almost 90 days since I moved out after I requested my deposit in a certified letter, she sends half the deposit with a huge list of repairs that needed to be made, including plumbing with no receipts, cost of a fence latch at 35.00 with no receipt , none of which were brought to my attention until now except the fence which I had repaired but she never looked at. She also is including re keying of the house.
I am planing on contact a lawyer, but I wanted to see if I even need to under the PA state laws. It seems very cut and dry to me.
Thanks for your help
 
Pennsylvania landlord/tenant law requires that a landlord provide information regarding the status of the security deposit/return of security deposit within 30 days of the tenant vacating the unit/providing keys, etc. and providing the landlord with their new address. Doesn't matter what the landlord wrote in the lease/rental agreement; what was written cannot go against state law:

http://www.avvo.com/legal-guides/ugc/landlord-tenant-residential-security-deposits-in-pennsylvania

Failure to follow this law means that the landlord could be liable for up to twice the security deposit amount and negates their ability to charge for any damages.

Your first step should be to send a letter back to the landlord disputing these charges and "demanding" your full security deposit by a specified date (say, two weeks after you send the letter) and informing her that failure to do this will result in a lawsuit for double the security deposit.

If you wish, you can hire an attorney to write the same type of letter.

If the landlord fails to respond or refuses to return the full security deposit, then your next step is to determine whether you wish to file a lawsuit against her. Such claims are heard in Pennsylvania through the district or justice court outside of the Philadelphia area (in Philadelphia through municipal court) and involve monetary disputes up to $8000 ($10,000 in Philadelphia).

Good luck..

Gail
 
Thanks for your reply Gail. I spoke to two Real Estate lawyers today at no cost to me that have said I do not need a lawyer and if this goes to court the judge probably would not listen to any damage claims she has. I've read a few landlord forums where they say that if she loses she can sue for damages alone. But what I understand from the law, she cannot. Is this correct?
 
Pennsylvania landlord/tenant laws tend to favor the tenant. Everything I've checked out states that if the landlord does not follow the security deposit law deadline requirements, this negates their ability to use the security deposit for damages.

Does this mean she can't sue for damages alone? Not necessarily. It's not unusual that when someone gets sued, they'll turn around and countersue because after all, what have they got to lose? However, we're not talking about a landlord who failed to provide information regarding the security deposit a day or two after the deadline. We're talking about someone who took 90 days to do this.

And, if she sued for damages, she would need to provide evidence to the court regarding this. Receipts, pictures, evidence.

Gail
 
my other question is can a clause in the lease that says tenant waives rights to bring forth legal action towards landlord or other tenants be enforced?
 
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