Ask Me Help Desk - Security deposit

I have a landlord that is not responding to me about security deposit. I signed a lease for the coming year and did not go back to the same college,but did find a replacement renter.and kept up with the payments till he took over. Its in Pennsylvania and I don't know how to get my money.its 600 dollars and I am getting no reply on emails.thanks

Did the replacement sign a new lease or was it sublet? AQt the top of this forum is a link to state laws. You should be able to find the law on returning your security. I believe PA has a penalty for non compliance.

Your landlord is not obligated to return you deposit until several things have happened:

1. Your obligations (hence liability) under the lease are terminated.
2. You have made a request for your deposit in writing (you'll need to prove service, e.g. your landlord received notice) typically within 45 days of end of the agreement and have given a forwarding address for the remaining deposit.
3. Your landlord has made an assessment of the (non-normal wear and tear) damages and documented with copies of receipts the deductions from your deposit. He or she typically has 30-45 days to make the assessment and send the remaining deposit, unless the damages are extraordinary.

Your landlord is obligated to return the remaining portion of your deposit within a period after the request has been made. If he or she does not, he or she may be liable for three times the remaining deposit as damages. In your case, if your entire deposit should have been return, you ay be able to get $1800 in court, plus court costs, if your landlord does not comply.

However, you've presented an interesting twist with the "subleasing" arrangement. You have not said whether it is provided for in the lease. The fact that someone else is making lease payments on your behalf does not necessarily constitute a subleasing agreement. It MUST be in writing. Under your circumstance, however, your landlord may ignore your request for deposit as long as your original agreement has not been officially terminated.

Quote:

Originally Posted by GravitonX

Your landlord is not obligated to return you deposit until several things have happened:

1. Your obligations (hence liability) under the lease are terminated.
2. You have made a request for your deposit in writing (you'll need to prove service, e.g. your landlord recieved notice) typically within 45 days of end of the agreement and have given a forwarding address for the remaing deposit.
3. Your landlord has made an assessment of the (non-normal wear and tear) damages and documented with copies of receipts the deductions from your deposit. He or she typically has 30-45 days to make the assessment and send the remaining deposit, unless the damages are extraordinary.

You should check the applicable laws before responding with specifics> The applicable law follows:
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. Deliver 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.

As you can see there is NO requirement that the tenant request the return of the deposit, either in writing or otherwise. And generally the time is 30 days as it is in this case.

But I agree that the new renter complicates matters if it's a sublet.