Feedback on security deposit being withheld

[Chris G.]

Hi everyone,

History:

Lived in the apartment for 6+ years. The deposit was 2 months’ rent, $1450 total. Lease terms were 1 year and then the landlord asked for 2 months’ notice.

It was an ok 2 bedroom, 1 bath. Bedroom windows were old and allowed a draft. The Central air unit was ancient. The area was decent though.

During my time in the apartment, I always paid my rent on time. Was never late. The only time the landlord was bothered was to discuss things that needed fixing.

Fridge leaked. Called and had it fixed a few times as it kept leaking. It took about 3 times to get it fixed. The lease stated that appliances would be handled by the landlord, which I needed to remind her since after the 2nd time it leaked she asked if I can just bring a fridge. I said, “Not really, plus the lease states…” Luckily the 3rd time it was fixed.

The apt was not really that well insulated either. During the summer months, it got pretty hot and the central air was super loud and didn’t cool. After calling to have the landlord send somebody to get it checked, it was finally deemed un-repairable and was fixed at her expense. This was on-going for about 2 summers. The unit looked to be the original one from when the house was built, 70’s and it was an in-wall unit on the 2nd floor. It was a little odd and had never seen it before. Even the techs that were sent were shocked to see it.

My brother had come to stay with me about two years ago and I also purchased a home in 2015. I let my brother stay at the apartment and he paid everything on time as well. My brother suffers from depression, anxiety and has ulcerative colitis so due to things snowballing health wise he needed to move back with our parents. This was around March (2 months ago).

I immediately contacted the landlord and informed her of what was going on and mentioned I could be out by the end of the month (end of March.) Mentioned if it would be a problem since the lease mentioned she asked for 2 months and she said, “No” and that she was more concerned about the condition of the apartment. I had someone trash the stuff that I couldn't donate from the apartment and I vacuumed it afterward and everything.

Followed the landlord’s instructions and officially ‘handed’ in the key on Mar 26th. Mind you, I never met her, she even advised I leave the key in the kitchen drawer and leave the house unlocked…

Here are some pics of the apartment before I left:

https://www.amazon.com/photos/share/kpmd5c46eqQNev...

https://www.amazon.com/photos/share/IaygYvvxSd1jF6...

https://www.amazon.com/photos/share/dQJLHcgY0czVLt...

https://www.amazon.com/photos/share/2DlzGlP0Py8TvI...

https://www.amazon.com/photos/share/ntOLPpmryXy4W4...

https://www.amazon.com/photos/share/fFgTPomg1OOIyA...

https://www.amazon.com/photos/share/OC13j5zlKyvX19...

https://www.amazon.com/photos/share/qMzNt47uOeWgDA...

https://www.amazon.com/photos/share/ZgstZQCVdkhk0E...

https://www.amazon.com/photos/share/ugArNbdyyjYSBN...

https://www.amazon.com/photos/share/qzREKZYtS9XFVQ...

https://www.amazon.com/photos/share/YCB9dvggZjRLei...

https://www.amazon.com/photos/share/7HnQzirMO807IC...

https://www.amazon.com/photos/share/0iMZgpiWRsHJvP...

https://www.amazon.com/photos/share/MGFVRrOCHF9Vzy...

https://www.amazon.com/photos/share/XbnCOolGO0YeUt...

https://www.amazon.com/photos/share/cKUQ76d9zYS8XE...

https://www.amazon.com/photos/share/vD3rdKMVTRRV8k...

https://www.amazon.com/photos/share/SsIA2cI476leYQ...

https://www.amazon.com/photos/share/TSWmoWYLB60z4l...

https://www.amazon.com/photos/share/S6Ru3ZdnT4EzSV...

Now fast-forward to now. I sent a few follow-ups to see how things were going and was ignored. Text messages said that they were read but no response. After the 3rd follow-up and after calling and leaving a voicemail she texted back saying to send her my address and that bills were still coming in and that she would send me something.

Around May 4th (more than the allowable 30 days that Pennsylvania says to keep a tenant’s deposit from what I researched) I get a letter from her with a few bills and basically a note stating that she felt the deposit would be held.

Now the bills in question are:

Carpet:

Rip and install = $1,657

Maint:

Bifolds

Paint

Blinds

Interior knobs

Labor

Total = $2093

Other Maint:

Storm door and other misc = $560

Cleaning:

Cost = $170

Water Bill:

This bill is quarterly. She mentioned that there was one past due but I confirmed with my brother and he paid it, even has the check stub to prove it.

The new bill is split in half (which is unfair since it’s a total for a duplex which she divides and I was only two months instead of the 3 but it came out to be= $123

The reason for this post is to get some feedback on what you would do. I’m looking at it from a lens of a tenant since I’m not a landlord yet (have some flips going on now but that’s another discussion.) To me, I felt like I took care of the apartment to the best ability that anybody could have. There are no giant holes in the drywall, no burn marks on the carpet, etc. This is what I would consider wear and tear.

Now the landlord, while I was there, didn’t really raise my rent until the last year and even then it was very small so I’m trying to be mindful of all that. Ultimately, that was her choice to do that though. I guess I’d have more respect towards her and her decision if she had said that perhaps she’s holding it because of not providing the 2 months’ notice but seeing as how she said that wouldn’t be a problem it’s a little frustrating that I had to wait more than 30 days and then not get anything back all things considered.

So please, let me know your thoughts and how you would proceed as I’m sure I’ll be dealing with this in the future once I’m a landlord. Any additional questions, please let me know as well.

Thanks in advance.

[Nicole A.]

It sounds like you may have things on your side for a couple reasons. First, she is outside the required time allotted by law to return the deposit or give a bill. Second, most of the stuff on that repair list doesn't sound like repairs more than it sounds like wear and tear.

I recommend you write up a professional-toned letter to mail to her via certified mail (with delivery confirmation) stating that she is outside the state law and that you will need your deposit back by X date or you will unfortunately have to file for court. Make sure you are concise and read your letter the next morning before sending to make sure there isn't any tone in there that could be implied as angry or threatening. The only possible charge the landlord coulda maybe done is for cleaning and actual damage such as large holes in the walls, etc.