All Forum Posts by: Chris Pincus

Hey All,

So i reached out to a lawyer that is local that I actually had help from before. He did say that if the lease states 60 commercial is different and I have to follow the 60.

Residential is far different then commercial, he also believes that double the deposit may not be for commercial either , he wasn't 100% sure on that though.

Also he said if I take them to court then if the lease says I have to pay their fees then I have to pay their legal fees? That doesn't make sense to me as I am fighting for my security deposit back.

Seems to me like landlords can really be scummy to good people and nothing protects people from stuff like this. It's a shame because like stated early I am sure not all Landlords are this way, but ones like this can continue to do business.

-Chris

 Hi Steve!

I was thinking the same thing, but I can't find any true documentation saying it would be different. Any reason you may be saying this from an experience or word of mouth?

Thanks!

 Hi Kyle!

These are ones I've read so i am glad that I am thinking on the right , my question is similar to the gentlemen below you. Is residential matching commercial with these? I am thinking a standard commercial property lease is probably the same as residential.

Thanks!

 Jason, thanks again for your response.

Like I said to Eddie, I have timeline of events and what was said, as well as the texts saved and pictures of the location on my surrendering of it.

I will get all my documentation together and make sure my ducks are in a row. 

I didn't raise my voice, or yell at him at all throughout the entire conversation , that's how him and his brother are, and that's when he basically told me to f*ck off and come fight for my money because I was stating the obvious.

I may reach out to my current landlord as well hes a super awesome guy and see if he has had anything like this come up as well and what he would say, as well as reach out to a lawyer perhaps as well.

Obviously money is tight for me so lawyer is hard to do sometimes.

 Hi Eddie!

Like I had mentioned to Jason the lease does state 60. Although 30 is PA state law, not sure if the law overrides whats in a lease or not for something like that.

I had pictures taken the day previous to walk-through and to be honest another tenant was in there 2 days later already changing the property around so there was definitely no damages.

I do not have a checklist. but my wife did take pictures of everything in that place before handing over the keys.

I do have a time-line of events written down of communication and all that as well like you had mentioned.

-Chris

Yes Jason I do , it does say 60, but I know a lot of stuff I had read said that no matter what the LAW on a deposit is 30. I didn't even notice it said 60 in the lease to be honest, but it does.

If indeed that is the case I suppose wait another 3.5 weeks and then file? Because they are not giving it back at all it seems and was going to make me fight for it no matter what the outcome was, him yelling at me or not.

Thank you for your response.

Hello Everyone!

I had received really great advice last time I had issues with my landlords so I figured I would come back to ask another serious question.

I took everyone's advice and got out of the location I was currently in because of issues a lot of members said I couldn't win because of the way the system is.

I cleaned up the commercial property and did my walk through and returned my keys. I asked about the security deposit and how I should expect it back he had told me to text my address to him to make sure it matched what was on file so it got to the right place. He also said he didn't know what the time frame was for returning it so he would check and I had mentioned I believe its 30 days, which PA is by state law 30 days. He said that was okay because he wouldn't hold out on me anyway till the last minute so just text him, which i did.

Half way through the month I text him just making sure he didn't send anything because I haven't received anything and 3,000 is a lot to go missing. I never heard a response...

36 Days pass and I went to visit. I asked where it was and he had said the lease says 60, which pay law states it can only be 30, and he is working it out and going to take all 60. I said to him that he had said he wasn't waiting until last minute, and he kept repeating that hes executing what the lease says at 60 and I repeated to him LAW in PA is 30 and I need to notify him if I don't receive it. He starts yelling at me for accusing him of being a liar and all this other stuff and I just had told him in PA if its not returned within the 30 days I notify and then if taken to court can be awarded double the security deposit....

He yells at me more and says he can F*cking hold out as long as he wants and he doesnt F*cking owe me anything and I can come for the money and chase him for it. This goes on and on with him raging out, hes other brother who is even bigger of a scumbag comes out and tells me its time to go with the other brother leaving it at that I can chase him for it and take him to court.

Where do I stand in all this? I keep following protocol and law and I keep getting screwed. 60 days in there lease or not that isn't PA law.

Thank you for any and all advice!

-Chris

Citizens Bank in Pennsylvania holds the Business Escrow account. I put the funds in there to show the landlords in good faith that the rent has not been spent elsewhere but the rent is indeed ready for them when the issues at hand are fixed.

The place of establishment is Commercial, we run a tattoo studio and do to customers with open skin abrasions mold is a very SERIOUS concern, which the landlords seemed to not think so.

Late fee of rent is in the lease for the $250.00 if not paid in full by today. The 18% i have to reread the lease, I am unsure of that, but a lot of what I heard that is very high, and could not be legal.

We are out of the lease on December 1st, and moving to a new location, so yes it is not worth this hassle, and I understand just pay it and forget all this, but that just makes whats wrong right, and whats safe and reasonable not a concern and not fair.

I Appreciate your time and your responses in this matter , I am trying to see where I stand in this matter, and what I can do.

Recieved letter today from landlord saying I owe a 250 late charge, and 18% interest after today for not paying my rent to them, saying its in breach of the lease.

I spoke with them 8-12-2014 about infestation of mold below us in their property, and specialist that had said it needs to be cleaned and our heating and air ducts need to be looked at by a professional before it spreads itself into our business above this basement.

Nothing was done by 9-1-2014 , So i put the money for rent into escrow and wrote a certified letter stating it was in escrow (Showing the rents availability) until the basement was proven safe for us upstairs. They have still not done anything with the mold and now sending these letters. 

The letter is also asking me to provide business insurance with their name and corporation on it that was due when the lease was signed 3 years ago which we didn't provide then and still don't have to provide now.

Please HELP!!!!