Ask Me Help Desk - Carpet removal and other damages

I lived in a room in a house for less than a year on a month to month agreement. I did not receive any deposit accounting back within 30 days. Almost 90 days after I moved out I sent her a letter requesting the deposit. She replied with another letter and sent half the deposit with a bunch of other charges including the removal of a 35 year old carpet, filling nail holes in it's place and adding baseboards around the room. Can she charge me for that? Do I even have any legal rights here?

Hello w:

Depending on your state, you MAY have had your rights violated... Some states require a DEMAND letter be sent before the landlord is liable to send the deposit back. Others make it mandatory and within a certain period, like 3 weeks. If the law is NOT complied with, the tenant can get 4 times what his deposit was.

We have copies a your state landlord tenant law at the top of the real estate page on a sticky note.

No, they can't charge you for wear and tear. I don't know if baseboards would qualify, but I'll bet not.. If it were me, I'd sue this landlord. IF you deposit her check, make SURE it doesn't say anywhere that by accepting the check, you forego all future claims, or some wording like that.

excon

Well this is where I get confused. I have read and reread the law and it says 30 days or that's it. But others (mostly other landlord) have told me that if I go to court and she can prove any damages I'll lose. Legal sites say the law is clear and there is a clear precedent- 30 days regardless of damages in PA. I cannot cash the check- in PA that means you agree.

Quote:

Originally Posted by excon

Hello w:

Depending on your state, you MAY have had your rights violated... Some states require a DEMAND letter be sent before the landlord is liable to send the deposit back. Others make is mandatory and within a certain period of time, like 3 weeks, and if the law is NOT complied with, the tenant can get 4 times what his deposit was.

No, they can't charge you for wear and tear. I dunno if baseboards would qualify, but I'll bet not.. If it were me, I'd sue this landlord. IF you deposit her check, make SURE it doesn't say anywhere that by accepting the check, you forego all future claims, or some wording like that.

excon

Hello again w:

So, you lose? Big deal. Small Claims court is cheap. What? It might cost you $50.

If the law is clear, and it says that she's supposed to have acted WITHIN 30 days and she didn't, then HER violation is CLEAR. If your state law doesn't say anything about treble damages or stuff like that, it must at least say that there's SOME penalty for violating that law. In my view, it would be her ability to collect ANYTHING.

Therefore, the only controversy now is the dates - NOT the damage. If she missed the dates, she can't charge you for the damage even if you did it.

excon

She's charging me for things I was unaware of even being a problem. She way outside the 30 day window.
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.

Hello again, w:

I thought you were on your way to file your case...

excon