[tat2dchik]

I am suing my LL for not paying my security deposit back in time(30 days)in PA, he is countersuing for 10 months worth of late fees he says I owe "per the lease".He never notified me I owed the fees at any time during the 2 1/2 years I lived there and always accepted the rent for any month it was paid a little ate and any consecutive months w/o saying I owed any late fees or sending notification. I did call when I was going to be late and he never mentioned paying any late fee. I did receive a letter with damages (which doesn't mention owing late fees) and the remainder of security (but not within 30 days) and he didn't keep any security money for late fees. I moved out 3 months ago and he is upset I am suing him. Does he have any legal leg to his claim?

[JudyKayTee]

Yes, he does BUT it's a separate matter from the return of your security deposit.

Tell the Court exactly what you've told us here. Sounds like he has filed in revenge.

One side is that you knew you owed late fees; the other side is that he never pursued late fees.

I think you'll win. If there were no damages you will get the security back.

Did you accept (and cash or deposit) the refund check? If so, you might have settled for that dollar amount.

He cannot use the security deposit toward late fees.

[AK lawyer]

... Does he have any legal leg to his claim?

Possibly. Your argument would be that by accepting the late rent payments without comment he effectively waived the late fees.