Help with losing security deposit

[Chris Policicchio]

I have a friend (John) who is in need of some help with his previous landlord. I told him there is this wonderful community at BP that will likely be able to help him. The apartment was in the Pittsburgh PA area.

The landlord was notified on 5/31 that John would not be renewing his lease and would be out by 7/1. The notification was via email. It was part of a thread of several back-and-forth messages between John and the landlord. The landlord acknowledged on 6/2 that he received the message.

The keys were turned over on 6/29.

The security deposit was $1,300. Additionally, John, had previously had the refrigerator repaired. The landlord has tried to fix it himself but couldn't and gave John permission to have Sears fix it. John paid out of pocket and the landlord agreed to reimburse him. The repair cost was $255.

On 8/12, the landlord sent John a check for $650. The landlord did not include any explanation of why he withheld $650. Additionally, he did not repay the $255, as agreed. John assures me there was nothing more than normal wear and tear in the apt and I believe him.

Finally, John also forgot he paid rent for the first and last month of lease and mistakenly paid (again) for his last month (so another $1300).

So, in summary, John is owed $1300 (extra month of rent) + $1300 (deposit) + $255 (reimbursement) = $2855.

The landlord has not replied to John's attempts for an explanation or to receive the money he is owed.  

Does anyone have any advice on what his next steps should be?  

[Account Closed]

Small claims court.  Email communications are valid as forms of writing, especially if they are acknowledged.  He just had to give notice and since the notice was acknowledged, it doesn't matter how it was done.

He needs to request the money in writing before filing in small claims court, normally.  You'd have to double check how it's done in PA.  But, he can send a demand letter and file the small claims action the same day.  

Most likely PA law says the landlord had to give him an itemization of deductions at least, and there are usually penalties for not doing so.  

But, that's what I'd do.  File in small claims court.  Many landlords will rip off tenants of their security deposits and most get away with it, because tenants just don't usually sue.

But, my experience in CA anyway, is that if the tenant is right and the landlord didn't follow the laws, the tenant gets their money and their court costs paid, too.  Landlords are easy to collect from.  If they don't just pay up, a lien can be put on their property, and in CA anyway, a sheriff can collect his rent checks on rent collection day, etc.  So, collecting shouldn't be a problem.