Security Deposit My rights to my security deposit

[kallygirlie]

My husband and I purchased a home which resulted in our desire to vacate our Rental Home. We provided a 60 day notice which is what was required in our original Lease. We had been renting this home for 5 yrs and were on a Month to Month lease. Landlord accepted our notice and scheduled a pre inspection. Her Daughter and ex husband did the inspection (the landlord lives in CO). They "claimed" the basement smelled of cat urine. We followed all suggested the Landlord offered including cleaning the basement with 6 gallons of vinegar (this is an unfinished basement). We turned over the keys on Dec 1, 2013 when we met the Daughter and ex husband for "final inspection". At this time we were told they could still smell the Urine, however, all that could be smelled was the vinegar. We had also previously tried to get landlord approval a yr ago to seal the basement at our own expense to resolve this issue, plus resolve the mold/moisture issue present but we were denied that request.

It is now January 6, 2014, well over the 30 day deadline PA law requires. We received an email from them on January 3 stating they had called in many professionals and the bills for cleaning this smell were still rising. They stated they would send us an itemized list once they have resolved the smell. I do not believe they have attempted to resolve this matter at all and there claims to calling professionals is untrue. I also do not believe they ever planned to return our deposit. The ex husband stated to us that he would be the one cleaning and would research online how to take care of it.

I understand that the landlord is required to return the deposit or supply an itemized list with the difference within 30 days. Does the landlord have a right to hold the security deposit longer if they "claim" the cleaning is taking longer? What are our rights and how do we go about enforcing our rights?

 

[army judge]

Here you go, OP.
You have some rights under PA law.
If the landlord chooses not to honor thse rights (rights are only owed to us by governments, not other people) voluntarily, you'll have to bring a legal action in an attempt to recoup your purported losses.

So, start educating and informing yourself.

Is there additional information that Pennsylvania landlords must provide to tenants when it comes to security deposits in Pennsylvania?

Yes.

For security deposits over $100, landlords in Pennsylvania must deposit the funds in a federally- or state-regulated institution and give the tenant the name and address of the banking institution and the amount of the deposit. Also in Pennsylvania, tenants who occupy a rental unit for two or more years are entitled to interest paid on the security deposit beginning on the 25th month of occupancy.

Be advised, even if you prevail in court, there's still much work you'll have to do to ever get one, thin dime.

I call it chasing your tail.

Most litigants get their judgment, but rarely collect on it.

My rule of thumb is, if its under $1,000, let it go.

If its bewtween $1,500 to $2,500, think about it.

If its over $5,000, vigorously pursue it.


Okay, start YOUR education process.


http://www.nolo.com/legal-encyclopedia/pennsylvania-security-deposits-36229.html

http://www.nolo.com/legal-encyclopedia/chart-cleaning-repairs-landlord-deduct-29017.html

http://www.nolo.com/legal-encyclopedia/get-security-deposit-back-29695.html