Security Deposit landlord violated pa security deposit laws

[bbcaw2]

Hello,
My family moved out of a rental on May 15. We did everything by the book. Cleaned the place up great, left a letter with forwarding address and the keys. Left numerous messages for landlord. We also gave two verbal notices that we were not renewing the lease. Landlord took possession of keys that night after leaving a voicemail stating so.33 days went by and we received a letter stating that he(landlord) is in the process of getting estimates for repairs he is claiming we are responsible for, but did not list anything in the letter. We did not leave anything damaged. The letter also states he hasn't been able to rent the unit because we never gave proper written notice. The lease says nothing about written notices except for early termination. We did not terminate early we just left when the lease was up. I then sent him a letter stating the landlord/tenant laws he broke by not providing the deposit within the 30 days required by law or an itemized list and the remainder of the deposit. We gave him 10 days to send the money owed or we were going to pursue it in court. We have heard nothing. This is in pa by the way.When filing a suit do we sue for the original deposit amount or can we put double down as amount suing for. Reading the law if a forwarding address is given and the landlord does not comply we are entitled to double the amount. Is this true and do we sue for that amount or the original amount and its up to the judge to award double? Any help on what the next steps are would be most appreciated
Thanks

 

[army judge]

Reread your lease. Usually, verbal notice to leave isn't sufficient. Most leases require termination notice (even lease end notice) to be done in writing, often 30 days prior to the end of said lease!


If yours doesn't too, I'd be very surprised.

Make sure you know, and just don't guess.

If it doesn't, you can sue for what you believe your damages are.

Getting a judgment will be easier (presuming you prevail), than collecting on that judgment. Good luck.

 

[bbcaw2]

nope lease states written notice is only required when tenant/landlord terminates lease early

 

[mightymoose]

We also gave two verbal notices that we were not renewing the lease.

Oops....
Typically this should be done in WRITING.

33 days went by and we received a letter stating that he(landlord) is in the process of getting estimates for repairs he is claiming we are responsible for, but did not list anything in the letter.

If state law requires this to be done sooner then you should ba able to get your full deposit back, and maybe a little more. However if the landlord will not refund it willingly you will have to go through small claims. Whether there are damages or not, the landlord's failure to do things timely could result in your refund.

We did not leave anything damaged.

This is why you should do a walkthrough with the landlord prior to vacating so that any damages can be addressed.

The letter also states he hasn't been able to rent the unit because we never gave proper written notice.

That is not a reason for being unable to rent the unit- but it could be a valid argument for the landlord to use against you.

The lease says nothing about written notices except for early termination.

Your state law likely does address this. Even if it doesn't, if it isn't in writing then it didn't happen. You can't prove verbal notice.

We did not terminate early we just left when the lease was up.

Even so, if you did not intend to renew the lease you still needed to give proper 30 day notice.

I then sent him a letter stating the landlord/tenant laws he broke by not providing the deposit within the 30 days required by law or an itemized list and the remainder of the deposit. We gave him 10 days to send the money owed or we were going to pursue it in court. We have heard nothing.

So far you are fine... now follow through and go to court. Once he is served papers he may decide to pay if he knows he didn't do it right. However if he has a legitimate argument about improper notice then the two of you may cancel each other out in court.

When filing a suit do we sue for the original deposit amount or can we put double down as amount suing for.

If your state law allows for double the amount of the depoist then list that as your damages. If you do not request it you won't get it.

Any help on what the next steps are would be most appreciated

The next step is for you to file your small claims case and serve the landlord.