Security Deposit Return- double or treble, etc

[bboysmom]

In July 2007, my family signed a lease to rent a property for 1 year and than month to month thereafter. After living there for almost two years, the property was sold. The new owner allowed us to continue living there for several months- we made all rent checks payable to him. Oct 1st we received a notice to vacate- he wanted to begin gutting the interior for major renovations. (kitchen, bathrooms, basement walls, removed). When we asked if he wished to use our security deposit $1500 as our final rental payment, he acted surprised that we had a secuirty deposit and said he would have to contact the former owers for it. Initially, we replied with a formal letter stating that due to us having children already started in local schools (my one son had diabilities, to switch him could have become very chaotic) and it being fall- we thought it may be difficult for us to relocate that quickly. However, thankfully, we found another home (which we love - just as an asside) and left the premises October 31. The house was immaculate when we left. He even came by to tell us "not to kill ourselves" cleaning it because of his plans- however being a renter for 20+ years...I cleaned it. We left our address and the keys. There were peices of furniture left behind (2 desks and a pool table) that were the previous owners- therefore not our responsiblity. I wait tables and my husband has been unemplyed for over a year- never late on payments. A customer of mine is a lawyer (corporate) and sent him a certified letter as well as reg mail advising him that we have not received any list of damages or any portion of our security dep. The letter was dated Dec 9 and advised him that he had until Dec 16 to comply. Still no response. Sorry to be so long and drawn out (partially venting) I am going to file a claim this week- a) can I file for treble damages? She seemed to think so, but everything I read says double. b) How do I determine how much interest he owes. I feel very taken advantage of condiering we can barely keep up and we complied with all of his wishes without argument. Clearly if he can renovate a 4 bedroom house he has $1500. Thanks for any and all advice/suggestions.

 

[Gail_in_Georgia]

Unless things have changed VERY recently in Pennsylvania, it's double the amount:

http://tenant.net/Other_Areas/Penn/harris/pa-part4.html

You determine the interest by looking into what banks pay for interest now. Typically it's lousy; like .5 - 1.5 percent at this time.

Gail

 

[bboysmom]

When I file am I the one that determines the interest in the complaint or can I just say + interest? To be honest- I do not believe the money was ever put in escrow so I am not sure if it applies here. Although- lease states it should have been.

 

[bboysmom]

Another question- is The new landlord indeed the one I file against. He and I never signed a lease, we were just living with the prior lease. In other words did he buy a pig in a poke? Or are my prior landlord's responsible?

 

[Gail_in_Georgia]

You determine the interest. The court will decide if this is a fair amount.

You would file suit against your current landlord, not the previous owner. The security deposit should (but often does not as new owners often forget to ask about this) "roll over" to the new owner when they purchase the property.

Gail