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    darylann's Avatar
    darylann Posts: 2, Reputation: 1
    New Member
     
    #1

    Sep 14, 2007, 07:40 AM
    Security Deposit issues
    Ok I moved in August and gave notice in writing of my new address. The landlord told me continually "deposit is in the mail." I finally sent a demand letter 34 days after I moved. The landlord replied that the deposit had been sent - I actually received a certified mail pick up card that night. When I picked up the envelope it clearly stated this was the first notice (34 days after I moved) - the envelope itself is postmarked the 28th (within the 30 days).
    Inside the landlord details taking off several hundred dollars for plumbing they had done prior to my moving. When I called them they stated if I had been nicer, they wouldn't have charged me (for the plumbing they had done through their own plumber).

    So questions: 1) in PA do I use Landlord-tenant complaint or civil complaint to file (the landlord tenant seems to be only for landlords).

    2) the law states clearly 30 days - it does not matter if the landlord attempted for 30 correct (we happened to live within 200 feet of one another currently too!)

    3) the wording of the landlord tenant act leads me to belief that I can sue for twice the amount of the deposit. Is this correct? I only want my whole deposit back, instead I am now missing work and spending another 100 to file!

    Just to add, the security was never in escrow and I will bring that to the judges attention as well. After 15 landlords this was the only nasty one so this is my first experience with recovering deposit. Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Sep 14, 2007, 07:44 AM
    As long as the envelope was postmarked within 30 days he was on time. If he can prove he paid for the plumbing and it was caused by negligence on your part, then don't waste anymore time.
    darylann's Avatar
    darylann Posts: 2, Reputation: 1
    New Member
     
    #3

    Sep 21, 2007, 04:31 PM
    Ok I KNOW you stated that the postmark is what counts but the law states received not mailed. Plus they live literally 50 yards away. I just want to make absolutely sure that you think the postmark is what matters - sorry I know I might just have to hear it again. Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Sep 21, 2007, 05:03 PM
    Yes I do.

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