security deposit criminal complaint

[Vince Greenland]

I just received a judicial complaint regarding returning a security deposit. subject lease was until October 31 , 2013. tenant sent me a text on 9/12/13 that she was moving out the end of September, which is obviously less than 30 day notice required in lease and 1 month prior to lease term. I did not immediately respond and the next day received her October rent, so I thought problem solved.

she then sent me a few more texts about meeting towards end of September. my partner eventually met with her on 9/29/13. we put a lock box on front door within a few days and began marketing for November 1 move in.

I did not think we could charge 2 people rent during October, plus the old tenant was required as per lease to pay electric thru October. therefore, I felt the 30 day timeframe to return security started 10/31/13.

I received a summons in mail dated 11/7/13, requesting double security plus October rent back. I actually panicked and sent security deposit back ( there were no damages) on 11/14. on the 17th I received the electric bill for $40 because she turned it off on 10/2.

I live in PA and thinking I may be in trouble. tenant landlord law reads 30 day period starts "....at lease termination or when tenant surrenders and landlord accepts apartment whichever comes first". not sure exactly what "accepts" means. I'm sure she is going to say that was the purpose of the walk through and lock box.

how should this be handled in the future if a tenant wants to move early. I always felt they owed the rest of rent and/or utilities until the end of the lease or someone else moves in. depending on how this works out, I am not so sure this is the case. I think this woman is a professional tenant and knew exactly what she was doing. thoughts?

[Vince Greenland]

i had sent her the security deposit prior to the hearing. Essentially, she wanted double the security deposit plus September rent back because she thought I changed the locks in early sept.

My argument was her lease clearly showed till 10/31, I kept the apartment for her and did not rent it out till 11/1 and mailed the deposit back within 30 days of the end of the lease.

Judge agreed with me. Good guys won, but i did learn some things regarding early moveouts. I also left my guard down a little, which won't happen again.