We signed a one year lease and my daughter moved out at the end of that lease. That was at the end of April. I spoke with him once and he said he was mailing it. Nothing came. Have called him numerous times and he is not returning any calls. The other two room mates did not move out at the end of the lease (did not sign a new lease) and were told verbally that he was not returning their security deposits because the house was "trashed". We have received nothing in writing and when my husband moved my daughter out, the house was in better condition than when she moved in. There were never any walk throughs done upon moving in or moving out.
The answer to your question is found in section 250.512 of the Landlord Tenant Act:
Section 250.512. Recovery of improperly held escrow funds
(a) Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Delivery of the list shall be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing in this section shall preclude the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant.
(b) Any landlord who fails to provide a written list within thirty days as required in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises.
(c) If the landlord fails to pay the tenant the difference between the sum deposited, including any unpaid interest thereon, and the actual damages to the leasehold premises caused by the tenant within thirty days after termination of the lease or surrender and acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the amount by which the sum deposited in escrow, including any unpaid interest thereon, exceeds the actual damages to the leasehold premises caused by the tenant as determined by any court of record or court not of record having jurisdiction in civil actions at law. The burden of proof of actual damages caused by the tenant to the leasehold premises shall be on the landlord.
(d) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable.
(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. (f) This section shall apply only to residential leaseholds and not to commercial leaseholds.
DISCLAIMER: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
James S. Tupitza
212 W. Gay Street
West Chester, PA 19380
The time has come when you re going to have to file an action against the LL with the Magisterial District Judge in Slippery Rock Borough. Don't include the other two in your complaint.
The LL will probably try to defend upon the actions of the other two and say that he used the entire security deposit to clean up the mess.
You may have a hard time getting your portion, because the lease probably says nothing about returning your share. But the LL appears to have acknowledged that your daughter moved out at the end of the lease an that her share of the security deposit was due. Your argument is that it was due at the end of the lease and if the LL and the other two had an oral lease extension, that has nothing to do with your daughter, who vacated at the end of the lease.
Be sure to ask for double your share of the deposit. And, by the way, this is what often happens when roommates jointly enter into a lease. Take this as a teachable moment, even if you are successful at the magistrate's office.
Clifford L Tuttle Jr
Attorney at Law
Pittsburgh, PA
412-561-6303
