10-11-2012, 02:04 PM #1
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- Oct 2012
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Tenant brought bed bugs into apartment
Jurisdiction / State: Pennsylvania
I am a landlord/contractor. I have invested in some nice rental properties. I have worked to get these building in top shape.I rented to tenants that brought bed bugs with them when they moved. I think that all my tenants are wonderful. They are my customers and I do whatever it takes to treat them with respect and make sure they get what they want.
I had a city inspection and noticed that this tenant had their mattress missing and the bedroom was being cleaned too well. I wrote them a note asking them if they were having problems and told them I would help them in any way that i could.They confirmed bed bugs.I went to work right away to correct the problem.
My investment is the most important issue here. (first step)
To date, I have not shown them any negitivity,pointed any fingers; I am just there to help.
I am stuck thinking of a fair way to be compensated. I dont want to change the tone of our relationship.
The normal thing would be eviction.I want to wait until they are ready to move, keep their security and bill them
for the rest. Note sure if I can bill for time and materials. Not sure if the problem has been corrected long term.
I will have to continue to monitor and exterminte the situation for 2 years.All comments welcome.
10-11-2012, 02:33 PM #2
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- Sep 2009
- Hanford, CA
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You certainly can use the deposit to address the problem initially, but monitoring the matter for two years will be a cost that will fall on you. It is likely not worth the effort to demand money on top of the deposit or take them to court as you will likely never see anything the court awards you.
10-11-2012, 11:18 PM #3
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- Oct 2012
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yes that might be true. I might see something in the future with a lein.
I can wait for them to sue me when they dont get back a security then counter-sue.
A bed bug life span is 18 months. very expensive to treat.
The funny thing is no one likes to talk about it when it happens to them.
This is why we have whole citys infected. In the near future you will see a law that requires you to put
a plastic cover on your bed. so invest in plastic
10-12-2012, 12:48 AM #4
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- Nov 2009
- Pago Pago
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You might want to become familiar with the laws in your state surrounding "security deposits".
For security deposits in PA that exceed $100, landlords are REQUIRED to deposit the funds in a federally or state regulated financial institution. Landlords are to provide to the the tenant the name, address of the banking institution, and the amount of the deposit. Additionally Pennsylvania law mandates tenants who occupy a rental unit for two or more years are entitled to receive interest paid on the security deposit beginning on the 25th month of occupancy.
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.
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.
(c) If, during the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy, the landlord requires the one month’s rent escrow provided herein, upon termination of the lease, or on surrender and acceptance of the leasehold premises, the escrow funds together with interest shall be returned to the tenant in accordance with sections 511.2 and 5127.
(d) Whenever a tenant has been in possession of premises for a period of five years or greater, any increase or increases in rent shall not require a concomitant increase in any security deposit.
(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.
8 68 P.S. §250.511e.
Section 250.511b. Interest on escrow funds held more than two years
(a) Except as otherwise provided in this section, all funds over one hundred dollars ($100) deposited with a lessor to secure the execution of a rental agreement on residential property in accordance with section 511.18 and pursuant to any lease newly executed or reexecuted after the effective date of this act shall be deposited in an escrow account of an institution regulated by the Federal Reserve Board, the Federal Home Loan Bank Board, Comptroller of the Currency, or the Pennsylvania Department of Banking. When any funds are deposited in any escrow account, interest-bearing or noninterest-bearing, the lessor shall thereupon notify in writing each of the tenants making any such deposit, giving the name and address of the banking institution in which such deposits are held, and the amount of such deposits.
(b) Whenever any money is required to be deposited in an interest-bearing escrow savings account, in accordance with section 511.1, then the lessor shall be entitled to receive as administrative expenses, a sum equivalent to one per cent per annum upon the security money so deposited, which shall be in lieu of all other administrative and custodial expenses. The balance of the interest paid shall be the money of the tenant making the deposit and will be paid to said tenant annually upon the anniversary date of the commencement of his lease.
(c) The provisions of this section shall apply only after the second anniversary of the deposit of escrow funds.
Section 250.511c. Bond in lieu of escrowing
Every landlord subject to the provisions of this act may, in lieu of depositing escrow funds, guarantee that any escrow funds, less cost of necessary repairs, including interest thereon, shall be returned to the tenant upon termination of the lease, or on surrender and acceptance of the leasehold premises. The guarantee of repayment of said escrow funds shall be secured by a good and sufficient guarantee bond issued by a bonding company authorized to do business in Pennsylvania.
Spring is gonna spring, sooner or later!
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