Breaking a Lease terminating lease early, get deposit back

[guest]

hey guys, im here seeking advice and info and would appreciate any input. i will try my best to keep it short and leave out any unnesssary details

so i recently rented a house with a lease, and on the first day there i noticed there was a problem with the bathroom tub/shower and one of the rooms didnt have heat. also some other problems i didnt notice when first seeing the house (gaps in the windows making the house very drafty etc.) i contacted the landlord and she said she would send her stepson to fix the issues. her stepson did not come until 6 days later, so i was not able to take a proper shower and had to move my stuff out of that room because of being without heat. even after repairs were done i noticed the room was still alot colder than what it said on the thermostat. i also have pics of the the thermostat next to a thermomter. so at that point i decided that i was going to terminate the lease early due to pennsylvania health and safety code.

i sent a letter shortly after stating i would leave at the end of the month. due to my job, i have to give at least two weeks notice before moving, otherwise i wouldve left immediately. i then took it upon myself to advertise the house. any contact info i received i forwarded to her but when i asked if she was contacting the people she did not respond. so i proceeded to put her number on the ad so potential tenants could contact her directly, she then contacted me saying it was considered harrassment and wanted her number removed immediately which i did. she also said she would be at the house at the end of that week which i agreed to but she then decided she would show it after i moved.

during this time, my mother was able to get in contact with the previous tenant (mindi) and i have a recorded conversation with the previous tenant stating that the landlord told mindi not to mention anything wrong with the place when i went to see the house. im still not sure if i would be able to use this recording in court but i have it just in case.

so when it came time to leave at the end of the month, i left the apartment clean with no damages and returned the key plus a letter with my returned address. she did send me a letter stating that she will be keeping the security deposit because of breaking the lease etc. i did learn that she did have a tenant move in about a week after i move.

my question is do i have a case to get my security deposit, and also is this cause to sue for double security

appreciate anyone just for reading and any input given

 

[Michael Wechsler]

I'll be honest - I'm very confused by your actions regarding your termination of this residential lease. First, if you felt that you were being "constructively evicted" because the conditions of the apartment were so poor, why did you take it upon yourself to make calls to try to find another tenant? Why would you expect anyone else to be able to live in the conditions you deemed "uninhabitable by humans" and therefore stuck it out as long as possible before leaving. It would make anyone question your true motives for breaking the lease and moving out.

That said, if the landlord didn't send you your security deposit back and didn't provide any itemized description of damages it was covering, you'd definitely have a case. In fact, in many states there are harsh penalties against landlords who wrongfully withhold a tenant's security deposit. Here it seems that the maximum damage caused was one week's worth of rent -- meaning the landlord would be required to return the remainder. This is the Pennsylvania State Law including Security Deposit Law which is Pennsylvania Consolidated Statutes Annotated Title 68 §§ 250.511a to 250.512. I will post the law in the following reply, which will have a number of items which you will want to be aware.



Regarding whether you have a case for the landlord concealing the true condition of the apartment and knowing that it would be unsatisfactory, yes, you may have a case in small claims court.

 

[Michael Wechsler]

Some relevant portions below. You may wish to inform your landlord that if the security deposit payment isn't returned promptly, you'll be taking legal action and may recover a penalty amount awarded as a result of the landlord's failure to adhere to Pennsylvania landlord tenant law.

Section 250.511a. Escrow funds limited
(a) No landlord may require a sum in excess of two months' rent to be deposited in escrow for the payment of damages to the leasehold premises and/or default in rent thereof during the first year of any lease.
(b) During the second and subsequent years of the lease or during any renewal of the original lease the amount require to be deposited may not exceed one month's rent.
(e) This section applies only to the rental of residential property.
(f) Any attempted waiver of this section by a tenant by a contract or otherwise shall be void and unenforceable.

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 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 by which 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.