Landlord suing for damages after four months...

Discussion in 'Commercial Landlord & Tenant Issues' started by stacihicks, Mar 16, 2012.

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  1. stacihicks

    stacihicks Law Topic Starter New Member

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    I moved out of my apartment four months ago and my landlord is just now suing for damages. When we moved out, we told her she could keep our security deposit. We did not leave our new address, as we had to get a P.O box address a few days after moving. According to the PA Law, our landlord had 30 days to send us a written list of damages. If not, she loses her right to sue for damages. She had my phone number and my last address and we never recieved anything from her. Can she still sue for damages?
     
  2. army judge

    army judge Super Moderator

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    Of course you can be sued by anyone for anything they wish to allege.
    You defend such lawsuits in the court room, not on the Internet.
    You appear to have a valid defense or two.
    Will you prevail?
    Gotta go to court to find out!
     
  3. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    "We did not leave our new address"

    Suggest your review section E in the attached:


    (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.


    Gail
     
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