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-   -   Help my security deposit! (https://www.askmehelpdesk.com/showthread.php?t=29742)

  • Jul 18, 2006, 10:30 AM
    krokill
    Help my security deposit!
    Moved out June 24 (pennsylvania). Move out date was June30 (was doing my landlord a favor so she can re-do bathroom.)

    Called her July 17 and she says she is not giving any of my security deposit ($1000) because the 60days prior to my moveout, the apt was "filthy" (I procrastinate laundry/dishes/vacuuming when work gets busy). When I moved out, I got the apt professionally cleaned - it was pristine.

    Can she do this!? She never even mentioned to me that she cannot show the apt because it was "filthy" until July 17!

    Thanks!
  • Jul 18, 2006, 10:44 AM
    ScottGem
    Get an affadavit from the cleaning company that the apartment was left in clean condition. Check the lease about what the security deposit can be used for.

    Send her the affadavits with a threat to take her to small claims court.
  • Jul 18, 2006, 11:09 AM
    RickJ
    In my state I must provide an itemized list of moneys reduced from the deposit in order to retain any of it.

    Here are PA's Landlord-Tenant Laws for you to take a gander through to confirm the Landlord's responsibility:
    http://members.aol.com/StatutesPA/68.Cp.8.html
  • Jul 18, 2006, 11:31 AM
    ScottGem
    Read Section 250.512 on the link Rick provided. The key sentence from the landlord's perspective is this one:

    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.

    However, for the landlord to invoke that clause there must be a provision in the lease that requires the tenant to provide access for showing the apartment to prospective tenants. So the specific wording of that provision is what may be at issue here. If the landlord did not inform you they could not show the apartment because of its condition, I would say they forfeited those rights.

    Bottom line, based on what you told us, with the cleaning company's statement you should have no problem getting your deposit back, though it may require a trip to small claims court.

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