[joepa]

This is a long post, but want to make sure I provide all the details...

My wife and I rented a house for $1000/month in Pennsylvania. We signed a 6 month lease and submitted a $1000 security deposit. We did everything by the book and were great tenants... even putting up with his realtors coming several times a week to show the house (often unannounced). We provided 30-day written notice with a forwarding address and vacated the house as per the terms of the lease after 6 months at the end of January, 2006.

I made an appointment for the landlord to do a final walk through with us, but he didn't show. Later via phone he told me all was good and he would just withhold the final waterbill from the $1000 deposit and return the rest. He also told me that he'd sold the house, so I should not bother filling the fuel oil tank (even though the lease said we were required to leave it with a full tank). This seemed kind of him.

Then it goes sour. The lease states he would return our deposit within 15 days. That didn't happen... so we waited till 30 days passed... still no returned deposit... no written notice, nothing. So I phoned him and he said he would get it right out to us, HOWEVER, that now he was going to take out the cost of a full tank of fuel oil as well as the water bill because the new buyers of the house demanded it. Even though that felt wrong, we just said okay and kindly asked that he get us the remaining deposit ASAP. We never got anything written or otherwise from him.

Many, many phone calls, a letter, even a certified letter (which he refused) AND 6 months later we still don't have our deposit back. He claims he mailed a check a couple months ago but we never saw it and he hasn't even tried to prove it with a cancelled check or anything. Our patience have run out and we now feel very taken advantage of... and think we must sue.

My question is a little vague, but based on the information above and according to my understanding of PA landlord/tenant law, we are now entitled to our full deposit of $1000 since he didn't provide written notice in 30 days of any damages, etc. to be withheld. Also, that if we sue, we would be awarded double the deposit, so $2000.

I just phoned him today and left a message that if we didn't hear from him in the next 2 days and receive a check for the FULL deposit ($1000) in the next week, then we would sue for double as per the law.

He returned that call 10minutes later and got very upset and said that he likes to play hardball and would get his lawyers, let's go to small claims court, he'll up the ante, etc. He said he would testify that the carpets should have been replaced, etc. And said I don't understand the law and he does, he'll come out on top, etc.

I read and reread the law and it seems it is 100% clear and in my favor here. Am I missing anything? Is there anyway he could win if I did sue? Or that he could somehow lie about damages to carpet and cause us to be liable for that?

Sorry for the super long post and questions, I really need some advice... Should I sue and if I do, are there any possible ways it could go bad for me?

Thanks!
Joe

[LisaB4657]

File that lawsuit first thing Monday morning. The worst thing that can happen is that the judge will allow him to keep the cost of filling the oil tank. However I really doubt that will happen. As for the carpet, he would have to provide some kind of proof that he replaced it.

Make detailed notes to bring with you and explain everything to the judge exactly the way you explained it here. Tell the judge about every conversation you had with your landlord. If you happen to have any pictures of the house at the time you moved out then bring those too.

Good luck!

[excon]

Hello Joe:

LisaB is right on. Don't let him intimidate you. I hope you took pictures when he didn't show up for the walk through. It seems Pa has a rash of bad landlords. Lots of recent questions emanating from there. That's why I looked up the following Pa. law:

"§ 250.511b (a) Except as otherwise provided in this section, all funds over one hundred dollars ($100) deposited with a lessor to secure the execution of a rental agreement on residential property in accordance with section 511.1 and pursuant to any lease newly executed or reexecuted after the effective date of this act shall be deposited in an escrow account of an institution regulated by the Federal Reserve Board, the Federal Home Loan Bank Board, Comptroller of the Currency, or the Pennsylvania Department of Banking. When any funds are deposited in any escrow account, interest-bearing or noninterest-bearing, the lessor shall thereupon notify in writing each of the tenants making any such deposit, giving the name and address of the banking institution in which such deposits are held, and the amount of such deposits."

Did he send you notice of where your deposit was held in escrow? Probably not. Make sure you bring that up in court too. Sounds like you've done your research, but ANYTHING can happen in small claims court.

I hate landlords who lie and cheat. I hope you kick his butt.

excon

[joepa]

Thanks for the guidance! If you have time, I have a few more questions...

He did not provide any notice about escrow!

He sold the house directly after we moved out. Last time I talked with him and said we would sue, he said he would have the new owners testify that the carpet needed to be replaced... could that really happen? If so, does it matter since he never even mentioned carpet to us until yesterday when we threatened to sue? And especially since we left the carpet in the same condition we found it.

One thing I am worried about is that he's in the process of moving to Florida... already lives there much of the time. I think he's finalizing the sale of one last house and will then be in FLA permanently in the next couple weeks. Can PA law be enforced if he's living in FLA? What if he doesn't show for court? If we get a judgement in our favor, how can they enforce payment in FLA?

Thanks again!
Joe

[LisaB4657]

File that lawsuit as soon as possible, while he still lives in PA. That way the court will still have jurisdiction and it won't cost as much to serve him with the papers. Once you obtain a judgment the state of Florida will honor that judgment.

Don't worry so much about the carpet. If he brings it up just tell the judge what you told us here:

I made an appointment for the landlord to do a final walk through with us, but he didn't show. Later via phone he told me all was good and he would just withhold the final waterbill from the $1000 deposit and return the rest.

I don't think this case will even reach the issues of the carpet or the oil in the tank. The law requires that he provide you with the deposit or a written accounting for the deposit within a certain amount of time, which he failed to do. I think that you will get a judgment for the full amount and it will probably be doubled.

[talaniman]

He's stalling get him in court now, his threats and intimadation will mean nothing to a judge.

[joepa]

Thank you all! We're filing the suit immediately. I guess that's what it takes to deal with this kind of guy... he doesn't care about people or ethics or good business.