Return Security Deposit?

[mbsuno]

Tenant signed a written month to month lease. Four days after moving in it was clear that the tenant violated the lease agreement (e.g. no pets, having someone else living there with a key to the place that was not listed on the lease, disruptive noise). Spoke to her about this on the 4th day. On the 9th day she gave written notice of moving. She was not asked to leave, she chose to leave on her own accord. Am I responsible to return her security deposit since she violated terms of the agreement?

 

[army judge]

What did the lease say about the security deposit?
How much notice is required to vacate?

PA law says the following (read it carefully):

Reasonable wear and tear are not damages-and refund the security deposit less the cost of the repairs on the list. If the landlord fails to do this, you cannot be sued for any damages the landlord claims that you caused. In addition, if the landlord does not give you this 30-day notice you may sue for double the amount of your security deposit.

If you bring this kind of case, though, the landlord is then entitled to have the court deduct the amount of any damages that the landlord can prove you caused from the total judgment. In order to be able to sue for double your deposit, though, you must give your landlord written notice of your new address when you move out.

If you have a problem or a dispute with a landlord or any other business, you can call the Attorney General's Bureau of Consumer Protection at 1-800-441-2555.

After taking out damages and unpaid rent, a landlord or property owner must send its tenants the list of damages and/or the full or partial security deposit no later than 30 days after the lease ends or when the landlord accepts the tenant's keys to vacate the premises early, whichever occurs first. The law requires landlords to pay twice the amount of the security deposit if they fail to provide consumers with the list of damages along with any refund due.

http://www.rentlaw.com/statuerentlaw.htm

 

[Gail_in_Georgia]

A month to month tenancy typically requires a 30 day written notice by either party (the tenant/the landlord) to terminate such a lease. Your tenant would owe rent for the 30 days from the date she gave you this notice.

A security deposit cannot simply be kept because she violated the terms of the agreement. It can be used to cover owed rent (for example, if she does not pay you for the few days she would owe in the next month) and any damages above normal wear and tear.

You need to be aware of your responsibilities as a landlord in terms of notifying the tenant of the status of her security deposit within the required time frame for Pennsylvania. Failure to do so can result in her suing you for a figure above this amount:

http://www.thelpa.com/lpa/landlord-tenant-law/pennsylvania-landlord-tenant-law.html

Your tenant does have the responsibility to let you know her new address where information regarding the security deposit can be sent.

Gail

 

[mbsuno]

The lease states that the security/cleaning deposit is refundable if the tenant leaves the dwelling reasonably clean and undamaged. Also states tenant must give 30 days notice in writing before they move out. Monthly rent was due on the 15th of each month. If she gave notice on the 25th does that mean she must pay until the 25th of the next month?

 

[Gail_in_Georgia]

Yes. If she doesn't, the security deposit can be used for owed rent.

However, remember that even if it is used for owed rent, you must notify this tenant of the status of her security deposit within the required time frame.

Gail

 

[mbsuno]

Ok, thank you. So bottom line is I cannot keep the security deposit based on the fact that she broke terms of the lease such as having a pet, another person living there, loud noise??? She did leave the apartment clean.

 

[Gail_in_Georgia]

That is correct. Noise is not damage; if neither the pet nor extra person living there did actual damage, the security deposit cannot be used for these issues.

If this has been a year lease and she left early (even after notifying you of her intention to do this), she would still owe for the remaining months on the lease or until you could find another tenant. In that case, the security deposit could be used for owed rent.

Gail

 

[mbsuno]

So I am OK with charging (by deducting from the security deposit) her a pro rated amount for rent from the 15th to the 25th of the month because she notified me on the 25th of her intent to leave (10 days of rent due). Is there ever a circumstance where you can keep the security deposit if the apartment was clean and undamaged but they broke the terms of the lease in some other way such as I listed above? Is it a good idea to put that clause in the lease to cover myself?

 

[Gail_in_Georgia]

You would be better set to understand the security deposit requirements for Pennsylvania (Army Judge included this in a previous email). It is clearly stated what you can (and cannot) use the security deposit for.

It doesn't matter what you put in your lease; if it goes against state law, it means diddly in a court should your tenant decide to sue you for their owed security deposit.

Please understand that MANY states carry quite difficult penalties for landlords who 1. don't return security deposits within the required time period and/or 2. attempt to keep portions of such for illegal reasons. This is because, in the past, landlords did exactly that. In MANY states a former tenant who sues a landlord for such can be awarded several times the amount of the security deposit and the landlord is forbidden from using any of this for damages.

If you want to keep the security deposit for owed rent, then do not use month to month leases which allow both the landlord and the tenant easier access to terminating a lease. Go for yearly leases.

Gail

 

[mbsuno]

Thanks. In looking at the link for PA rules that was sent, it only addresses the return of the security deposit in relation to damages. It does not state anything about keeping the deposit because of other terms of the lease being broken as I stated above. But you are still indicating that I can charge (deduct from security deposit) for the 10 days of rent?

 

[Gail_in_Georgia]

Attached in the specific Pennsylvania law that addresses security deposits, including their return:

http://www.thelpa.com/lpa/landlord-tenant-law/pennsylvania-security-deposit-law.html

Both owed rent and damages above normal wear and tear can be deducted from the security deposit. Nothing else.

Gail

 

[army judge]

mbsuno, please read the following extracted from PA Law:

After taking out damages and unpaid rent, a landlord or property owner must send its tenants the list of damages and/or the full or partial security deposit no later than 30 days after the lease ends or when the landlord accepts the tenant's keys to vacate the premises early, whichever occurs first. The law requires landlords to pay twice the amount of the security deposit if they fail to provide consumers with the list of damages along with any refund due.

If you withhold monies owed or due from the security deposit, you must provide an accounting of that along with the balance of the deposit to the former tenant. This must be done within 30 days after notice or you accept the former tenant's keys! Should you fail to do that, you will then be required to return DOUBLE the security deposit to the former tenant!

 

[mbsuno]

Ok, thanks to both of you. I am within the legal time constraints of sending the letter etc. If the tenant tells you verbally they are moving in 2 weeks and they do not give you a forwarding address to send their deposit to, is that grounds to keep the deposit since you do not know where to send it?

 

[army judge]

Ok, thanks to both of you. I am within the legal time constraints of sending the letter etc. If the tenant tells you verbally they are moving in 2 weeks and they do not give you a forwarding address to send their deposit to, is that grounds to keep the deposit since you do not know where to send it?

You are trying your best to keep that deposit, aren't you?:no:

You know what the law is.:yes:

You also know what the RIGHT thing to do is.

Easy money causes DIFFICULT problems.:dgrin

Now, go do the right thing!:angel

 

[mbsuno]

No, actually you are wrong. I was just trying to understand the law (thus my reason for visiting this site). I was given advice contrary to what you are telling me so I wanted to satisfy my curiosity about the options. The last question I posed to you is a completely different situation and actually not even involving myself so I am not concerned you did not answer that for me, but instead chose to judge. I am fair with my tenants and sometimes more than I should be, but they certainly should not come in the door lying to me. Thanks for your insight and I had always planned on doing the "right" thing as I have done in the past.

 

[Gail_in_Georgia]

Section 250.512 (e) of the law does state that "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 liabilities under this section".

In other words, it's up to the tenant to provide this information, not for the landlord to have to hunt this down.

Hope this helps....

Gail