No return of security deposit after fire in apartment building

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brttnyparks

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I lived in an apartment building up until a month ago. there was a fire in the building burning it and three other buildings with it. All of the buildings are being torn down and I was not able to recover any of my belongings. After the fire I did not hear from my landlord at all, I was told by a neigbor in the building to call and ask for my secuirty deposit back. I called and asked about my secuirty and I was asked if I had payed the current months rent. The fire was October 25, rent is due the 1st week of ever month. I did not pay the rent at the 1st of the month as was due and i left a note the week of the fire stating that rent would be paid when the needed repairs to the apartment where made (broken front window without a screen, hot water not working). Also in the note I noted that I would be down to bring rent after I was feeling better, I had contracted the swine flu. I was feeling better the saturday night, before the fire so I took the rent to the office of the landlord and no one was present so I left the money in an envelope under the door, with a note stating that all repairs need to be made by the end of the week or i would contact the local inspection department. I paid with cash, I always do and they leave a recipt at the front door of my apartment. early sunday morning the fire alarms went off in the hall of my building, i called 911 and exited, the building was burned badly and none of my things could be recoverd, all I had with me at the time was my 3 month old daughter and her diaper bag. The landlord is saying she has no record of my paying rent so she will not return my deposit, when i called she said she would talk her building manager and get back to me about the deposit and i did not hear from her for 3 weeks, a local lawyer offer to help free of charge and i was told to send her a certified letter requesting the deposit and she had 30 days to return if i do not recieve the deposit back we will be taking this to small claims court.

I want to know if i have a case. being as though everything has burned to the ground it seems like a he said she said type of case. the onyl proof i have is a bank statement showing that on october 9th i withdrew the exact amount of the rent money, which is the money i put into the envelope. the rent was not paid the 1st of the month because the repairs to the apartment where not fixed, and I had let it be known to the building manager before.
 
You can settle the issue in small claims.
The landlord has the option to hold your security deposit for unpaid rent. You have the option to sue over the security deposit and let a judge sort it out.
 
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Unfortunately Pennsylvania does not allow the tenant to simply withhold rent in regards to repairs to their unit. Attached are the options that you did have regarding this matter (for example, you needed to contact the Building Code Inspectors BEFORE you decided to withhold rent):

http://www.tenant.net/Other_Areas/Penn/harris/pa-part2.html

On the other hand, the landlord/management has an obligation to notify the tenant within 30 days of moving out the status of their deposit, even when kept for owed rent. Thirty days have not yet passed since the fire.

As previously mentioned, if you do not receive information regarding this deposit to your satisfaction, you can always consider filing a lawsuit.

Gail
 
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