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Originally posted by Jon Holdman:

I would have, however, sent you an accounting and told you exactly why I had made deductions and given you copies of the receipts. I'd have done it within the timeline, too.

This is my point exactly!

The fact that he held back $55 with no explanation whatsoever and outside of the timeframe required by law, all rubs me the wrong way.

Had he done it appropriately, I wouldn't have liked it, but at least it would be understandable.

The way it was done makes me feel like he is just trying to get over on me. Think about it if every landlord did that to every tenant and just assumed they would get away with it because "it's is not worth pursuing" for the tenant, that is a heck of a lot of money!!

All the talk about "perception" and what was clean or what wasn't is all beside the point. (which is why I didn't even get into that in my OP).

Even if I completely left the place trashed, he can't just keep my deposit with no explanation!!

hmm clearly this board is full of landlords...

yes it was clean when i moved in and it was clean when i moved out

i actually did clean the carpet, maybe he felt it wasn't clean enough... i don't know

but.... it is his responsibility to return my deposit within 30 days which he did not, and it is also his responsibility to include an explanation of any deduction within 30 days which he did not

i found it very bizarre and rude (not to mention against the law) to just send me a check for less than my deposit with no note, no explanation, no nothing

i thought he was a good landlord (and i know i was a good tenant) which is why this whole thing sits a little weird with me

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.

Originally posted by P NW:

[it's a certtainty that you are not a good tenant.

then i guess i should assume that you are a ****** landlord!! come on!

my last landlord out and out lied about stuff and when i took it to the attorney general i did get about half of what he withheld back!

look at my details, clearly he is going against the law. You are right, that is cheap which is another reason why I question the whole thing. It is like he just wanted to keep some money and thought I wouldn't notice it missing.

Here we go again....are there any landlords out there who actually follow the rules?!? I think I'm a pretty good tenant and yet I'm always getting screwed.

Moved out on 12/13/09, lease ended 12/31/09.

I get my deposit back today 2/11/09, short of $55 with no explanation enclosed.

I call my landlord thinking maybe it was just an oversight. He says that he had to have the carpet cleaned and some small things. I tell him that he can't just deduct it without any notice.

The way it looks to me, I can sue him for twice the amount of the security deposit.

I'm not sure the best way to proceed. I'm thinking maybe I should just send a letter requesting the $55 or I will sue for double.

Or maybe I'll go straight to the attorney general
http://www.attorneygeneral.gov/complaints.aspx?id=451
it worked for me before.

Advice?

PA LAW - http://www.rentlaw.com/dep/padeposit.htm

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.

RETURN OF DEPOSIT: Within 30 days after a tenant moves out, the landlord must give the tenant a written list of any damages.

just thought I'd update this even though it is long, long overdue.

i did file a complaint with the attorney general and a mediator spoke with both of us.

i ultimately got about half back

Originally posted by "dafly":

Also you need to check your lease to see how much notice needs to be given. If nothing is stated then it is 30 days however a clause can be in the lease to provide for a different amount of time. I include a clause in my lease that changes it to 20 days, that way notice can be provided in the first week of the month for a change either by me or the tenant if they want to leave. This also gives my tenants a couple of days to think over if they want to pay the rent increase or move out. Then if they decide on the 7th of the month they can let me know with out any issues and be out by the start of the next month.

I check the lease and there is nothing about notice in it.

He hand delivered the new lease to us on 9/2 (dated 8/31) which included the rent increase to begin on 10/1. Does this even meet the 30 day requirement?? It doesn't seem like it would to me. I also thought I read somewhere that this type of document is required to be mailed.

thanks everyone for all your input and for being so nice!

I think that you are right and it probably isn't worth taking to court, however I will look into the Attorney General and maybe the BBB.

Thanks all!

Originally posted by "leenga":

Originally posted by "dafly":

When you leave you also must provide written notice to your landlord your new address where the security deposit should be mailed to. If you do not then he does not have to return any of the security deposit.

-Michael

this is absolutely not true

This is true:
The Landlord Tenant Act of 1951
Section 250.512 Recovery of improperly held escrow funds

(e) 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 liability under this section.

i believe that only has to do with returning the deposit within 30 days - it relieves of the 30 days requirement, not that I really want to argue about this point

Originally posted by "dafly":

Your landlord is not allowed to under PA law to withhold the $47 from your SD to pay for unpaid rent.

why?

Originally posted by "dafly":

When you leave you also must provide written notice to your landlord your new address where the security deposit should be mailed to. If you do not then he does not have to return any of the security deposit.

-Michael

this is absolutely not true

if we don't provide written notice of the new address then we can't file for double damages, but he does still have return the security deposit

my husband called the LL the minute we got the itemized deduction list and the landlords reply was "FU" literally

the additional $47 is for the increase of rent

-Month to month lease
-8/31 received a notice that the rent was being raised beginning 10/1/07 (notice hand delivered by LL on 9/2) (does this even meet the 30 days notice requirement??)
-gave a verbal and a written notice to LLon 9/24/07 that we do not agree to the terms of the new lease and that we would be moving out 10/31/07. (required 1 months notice given)

I though that under month to month lease, if you don't agree to the new rent increase amount and choose to move out that you are only responsible for original agreed upon lease amount.

In researching all of this I've also discovered that in PA you can not withold more than one months rent as a security depost after the first year - which he did. And that he has to pay interest on the security deposit after the second year - which he didn't. So I plan to file for these items as well.