Security Deposit Surrender or not?

I

iamrobinli

New Member
Jurisdiction
Pennsylvania
We sold our property but had an agreement with the buyer to stay in until we found the new home. We agreed to the minimum lease until the end of this year. However, we had found a new home and moved out in September. Before we surrender our property, we told the landlord/buyer that we would move out and give back his property but according to the agreement we would cover the rent for the agreed remaining period (October, November and December). We gave back the keys and the entire rent when we met the landlord in person. However, I didn't provide the new address while meeting with him. The new address was emailed to him 10 days after. Unfortunately I didn't ask for any written confirmation about him received the keys. The check of the rent was cashed in right away. A couple of weeks later, I asked about the deposit and he said he didn't have time for it and will get to it soon. Almost two months later, when I followed up with him, he said even we paid all the rent, but it was our volunteered action and we are still tied to our lease so the deposit wouldn't be returned until the lease is over. I believe our action showed we surrendered the property and he had accepted it and regained possession of the property. By action, our lease is over. In addition, since we gave back the keys, the landlord had renovated/repaired the property and put it to the market with the availability NOW. My questions is

1. Do I surrender the property by action?
2. Can I get back my security deposit? Since I moved out, he hasn't provide any list of items to deduct the security. Can he still do so when the lease is over at the end of December?

Thanks
 
Here is the term in the lease:

a. The Lease Term shall be for a period of One (1) year subsequent to Closing, so the Seller's occupancy of the Premises shall continue and will be uninterrupted. The Lease will provide Seller with the right to terminate at any time subsequent to December 31, 2015 by providing written notice to Buyer at least thirty (30) days prior to the requested date for vacating the Property. As further clarification, Seller subsequent to Closing will be attempting to relocate to a new home, but under all circumstances, Seller has agreed to be fully obligated for all Lease terms for a minimum Lease period of eight (8) months subsequent to Closing. Therefore, if Closing occurs on May 1, 2015 and Seller provides notice on December 1, 2015, (this would be the first day Seller can provide Lease termination notice), the Lease obligations will terminate effective on December 31, 2015. Nothing herein prevents the Tenant from relocating to a new home prior to the Lease expiration. Provided the Lease Agreement is not terminated by Seller prior to April 30, 2016, IT IS FULLY UNDERSTOOD AND AGREED THAT IN NO EVENT WILL SELLER OCCUPY THE PROPERTY SUBSEQUENT TO APRIL 30, 2016.

Here is the section in PA Rental Laws:

Section 250.512. Recovery of improperly held escrow funds (a) Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Delivery of the list shall be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment -18- of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing in this section shall preclude the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant. (b) Any landlord who fails to provide a written list within thirty days as required in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises. (c) If the landlord fails to pay the tenant the difference between the sum deposited, including any unpaid interest thereon, and the actual damages to the leasehold premises caused by the tenant within thirty days after termination of the lease or surrender and acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the amount bywhich the sum deposited in escrow, including any unpaid interest thereon, exceeds the actual damages to the leasehold premises caused by the tenant as determined by any court of record or court not of record having jurisdiction in civil actions at law. The burden of proof of actual damages caused by the tenant to the leasehold premises shall be on the landlord. (d) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable. (e) Failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section. (f) This section shall apply only to residential leaseholds and not to commercial leaseholds.

I think my case is based on (a) and (d) as I already surrendered my property and he accepted it.
 
OK, now that I see the terms of the lease and the section of the PA statute I agree that you have surrendered the property.

I suggest you send the landlord a demand letter quoting the parts of the statute that you have emphasized here.

Give him a deadline date to comply.

If there is no compliance by the deadline date then your option is to file suit in small claims court.

Don't threaten to sue unless you are willing and able to follow through on the threat. You might attach a completed (but not filed) small claims complaint form to show that you mean business.
 
Here is another term in the lease

(g) Tenant agrees to waive any notice including the 10 or 30 day notice period which is contained in Section 501 of the Landlord and Tenant Act of 1951, as amended, 68 P.S. 250.501, or any other notice period established by law. LANDLORD MAY FILE SUIT AGAINST TENANT TO ENFORCE THE TERMS OF THE LEASE WITHOUT NOTICE TO TENANT.

The section referred is here

Section 250.501. Notice to quit (a) A landlord desirous of repossessing real property from a tenant except real property which is a mobile home space as defined in the act of November 24, 1976 (P.L. 1176, No. 261) , known as the "Mobile Home Park Rights Act," may notify, in writing, the 3 tenant to remove from the same at the expiration of the time specified in the notice under the following circumstances, namely, (1) Upon the termination of a term of the tenant, (2) or upon forfeiture of the lease for breach of its conditions, (3) or upon the failure of the tenant, upon demand, to satisfy any rent reserved and due. (b) Except as provided for in subsection (c), in case of the expiration of a term or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one year or less or for an indeterminate time, the notice shall specify that the tenant shall remove within fifteen days from the date of service thereof, and when the lease is for more than one 68 P.S. §250.505-A. 4 -13- year, then within thirty days from the date of service thereof. In case of failure of the tenant, upondemand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall remove within ten days from the date of the service thereof. (c) In case of the expiration of a term or of a forfeiture for breach of the conditions of the lease involving a tenant of a mobile home park as defined in the "Mobile Home Park Rights Act," where the lease is for any term of less than one year or for an indeterminate time, the notice shall specify that the tenant shall remove within thirty days from the date of service thereof, and when the lease is for one year or more, then within three months from the date of service thereof. In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice, if given on or after April first and before September first, shall specify that the tenant shall remove within fifteen days from the date of the service thereof, and if given on or after September first and before April first, then within thirty days from the date of the service thereof. (c.1) The owner of a mobile home park shall not be entitled to recovery of the mobile home space upon the termination of a lease with a resident regardless of the term of the lease if the resident: (1) is complying with the rules of the mobile home park; and (2) is paying the rent due; and (3) desires to continue living in the mobile home park. (c.2) The only basis for the recovery of a mobile home space by an owner of a mobile home park shall be: (1) When a resident is legally evicted as provided under section 3 of the "Mobile Home Park Rights Act." (2) When the owner and resident mutually agree in writing to the termination of a lease. (3) At the expiration of a lease, if the resident determines that he no longer desires to reside in the park and so notifies the owner in writing. (d) In case of termination due to the provisions of section 505-A , the notice 4 shall specify that the tenant shall remove within ten days from the date of service thereof. -14- (e) The notice above provided for may be for a lesser time or may be waived by the tenant if the lease so provides. (f) The notice provided for in this section may be served personally on the tenant, or by leaving the same at the principal building upon the premises, or by posting the same conspicuously on the leased premises.

Does the term in (g) change the opinions on the case? Thanks.
 
Thanks, adjusterjack.

One more question, is it more effective if I find a lawyer to write the notice as my landlord himself is a lawyer and a commercial property owner with many years' experience.
 
It might be more effective in some cases, but your guy knows what your lawyer knows and probably won't care. Besides, hiring a lawyer costs you more money leaving less profit from your deposit.
 
iamrobinli said:
Thanks, adjusterjack.

One more question, is it more effective if I find a lawyer to write the notice as my landlord himself is a lawyer and a commercial property owner with many years' experience.
Click to expand...

I agree with Army Judge.

The statute speaks for itself. Quote it in your letter. Remember: A lawyer who represents himself has a fool for a client.
 

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