Non Return of Security Deposit

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nzdaniewicz

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I rented a property in Pennsylvania starting March 1, 2008 and vacated on February 28, 2009 after the year lease expired. We had problems with the property, particularly the bathroom, from the time we moved in, including stripped faucets, leaks and mold. The landlord hired multiple plumbers to address the problems, but the work was never completed until October. In December, the water, which was in the landlords name, was shut off for non-payment, and then in January, the roof leaked on the bed and damaged the mattress. The landlord advised in several discussions that the mold in the bathroom and the leaky roof had been issues prior to our moving in, and that she had a lawsuit filed against the contractor for his shoddy work.
Pennsylvania state laws requires, as well as the lease, that the security deposit is returned in 30 days or the tenant is entitled to double. I received a letter today, April 1 outlining problems she found after our move out, some of which I take responsibility for and some of which I dispute. She is also implying in the letter that the work that had to be done to the bathroom was my fault. My intention was to file in small claims court for the security deposit as well as the cost of a new mattress. Would it be more appropriate to write her a letter of dispute with a time frame of 7 days to have the problem rectified and am I entitled to the money to replace my mattress because of the damage caused by her property?
Also, included in the envelope was a copy of a move in/move out checklist that I never saw before, with the name of the real estate agent forged (her name is spelled wrong and it is in the same handwriting as my landlord) as well as my partner's signature written in with a "signed by landlord" in parenthesis. Can we also bring this up in small claims court?
 
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Actually what Pensylvania landlord tenant law requires is that the security deposit or notification of the amount kept for damages above normal wear and tear be provided to the former tenant within 30 days of vacating the rental. And the date of this is determined by the postmark on the envelope, not necessarily the date that you received this.

If you disagree with the amount kept, your first step is correct; you write a letter to the landlord disputing the amount kept and give them a certain amount of time to rectify this.

If they don't respond as you state, then your next step is to consider filing against them in small claims court.

Whether you can prove your case in court regarding the damaged mattress is dependent on what evidence you have that this took place. Did you take pictures of the damage to the mattress and was the mattress damaged to the point where it had to be replaced? If so, do you have receipts for what you paid to replace it?

Gail
 
Thanks Gail!
We did have pictures taken of the mattress to show the damage. The water is visible on about 50% of it. We have not purchased a new mattress yet because we did have a "replacement" which is a glorified air mattress that we have been using until we can find the time to go out and get a new one.

In regard to the letter I received, there was no mention of the actual cost that was being withheld, just a note stating that she would return and money left after the repair and cleaning was done. If she does not specify the dollar amount, or give us proof that any of the work is being/was done, are we still entitled?
 
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