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.

[Rick S.]

@Chris Policicchio start here as Nolo has some good information on security deposits:

https://www.nolo.com/legal-encyclopedia/pennsylvan...

The landlord should have provided an itemized list for the deductions and they typically only have 30 days to return it so it appears neither were fulfilled.  

[Chris Policicchio]

Originally posted by @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.

 Thanks so much Sue!  I really appreciate the help!

[Chris Policicchio]

Originally posted by @Rick S.:

@Chris Policicchio start here as Nolo has some good information on security deposits:

https://www.nolo.com/legal-encyclopedia/pennsylvan...

The landlord should have provided an itemized list for the deductions and they typically only have 30 days to return it so it appears neither were fulfilled.  

 Thanks so much Rick!  I really appreciate the help!

[John Thedford]

@Chris Policicchio

Your state laws would have your answers as to what is required, etc. Pull them up online. 

[Mindy Jensen]

I'm tagging @Steve Babiak here since he's PA.

There are a couple of bits of information missing from this narrative, @Chris Policicchio.

When was the end of the lease? If the lease term ran through the end of June, then all of the other advice you got is correct. If his lease was supposed to run longer, he may have been charged a break lease fee.

Regardless of the end of the term, the landlord is required by state law to provide an accounting of how the deposit money was spent, and I believe the landlord must also provide receipts, although that may just be upon request.

This landlord has some explaining to do either way, and if he improperly withheld any portion of the security deposit, he could owe your friend up to three times the amount of the deposit. 

I'd love to hear what Steve says, but your friend would do well to read up on the state landlord tenant laws and file in small claims court. Documentation will be key, so I hope he has a copy of his lease? Also, print out all correspondence between landlord and tenant, and mark them so the information is easy to find when the judge asks for it.

[Wendy Hoechstetter]

@Sue Kelly, just for the record, having moved here from the SF Bay Area two years ago into a rental, and having had to deal with a landlord at one point in Mill Valley who did not return my security deposit (I was renting temporarily because I'd had a fire in my own house), I can tell you that PA landlord/tenant law is *very* different from California's.  In CA, things are particularly tenant friendly, and details about required move in and move out procedures are, as you know, very specific; here, it appears to be exactly the opposite.

I don't remember details offhand of what the laws said, but I was really stunned to find out how little protection renters actually have here when I researched it to find out if certain provisions in my lease could possibly be legal before signing it, because there is no way they would be in CA.  

And yes, I got almost my entire deposit back, in front of a judge who was clearly more landlord-friendly than tenant-friendly. 

Detailed preparation is indeed the key, as is being sure you meet all requirements you may need to *before* you file suit, such as notifications and demand letters to the landlord, if such apply.

For that matter, a demand letter alone may actually suffice, particularly if it comes from an attorney, but properly written, you can still clue the landlord in that you really mean business on your own.

[Steve Babiak]

Answers already posted by @Account Closed are basically what you want to refer to. Of course, any claim should be backed up by some proof - things like the lease, email, text messages, receipts and photos for example