[Bonnie714]

In Pa. does a landlord have to put deposit in a escrow account. I have looked it up and think they have to. My landlord is taking me to court 6/26/06 because I didn't meet his standard of keeping house. I have a list of repairs that he hasn't done. I paid a months rent and deposit 11/01/05 and then a months rent 12/01/05 but didn't move in until 12/15/05. I figured he had enough time to fix things. He called me on the 1st of this month and left message that I wasn't getting deposit back because he was going to use it for remodeling the house.

[excon]

Hello Bonnie:

Here's the relevant statute from Pa:

"§ 250.511b. (a) Except as otherwise provided in this section, all funds over one hundred dollars ($100) deposited with a lessor to secure the execution of a rental agreement on residential property in accordance with section 511.1 and pursuant to any lease newly executed or reexecuted after the effective date of this act shall be deposited in an escrow account of an institution regulated by the Federal Reserve Board, the Federal Home Loan Bank Board, Comptroller of the Currency, or the Pennsylvania Department of Banking. When any funds are deposited in any escrow account, interest-bearing or noninterest-bearing, the lessor shall thereupon notify in writing each of the tenants making any such deposit, giving the name and address of the banking institution in which such deposits are held, and the amount of such deposits."

The answer to your question is yes. You also have a lot going on that we may be able to help you with, but your situation is not clear. Are you still there? Is he suing you for eviction. If he's keeping your money, what's he suing you for? Did you damage the place? Did you take pictures?

Help us with information, and we'll help you.

excon

[ScottGem]

excon gave you the applicable law. He also asked some pertinent questions. A security deposit can't be used unless and until the premises have been vacated. And then only if the premises were damaged to the point where repairs were necessary to make the premises habitable. They can't be used to remodel, only to repair.

If he's taking you to court, he must have some proof of damages. And I would also suspect you have vacated. Unless you have proof to counter his claims, you may be stuck.

[Bonnie714]

I am still in the house. He gave me a 30 day notice which is up on the 7/1/06. He then sued me for non payment of rent on 6/12/06. My lease has a $50 late fee after the 5th of the month. I haven't paid the rent due 6/1/06. I was going to pay it on the 15 with the late fee but got notice of hearing first. I counter-sued which will be heard at the same time. I sued for not doing the repairs,(broken window,mirror in bathroom broken,no electorial outlet covers,railing on front porch lose,etc.)these were all written on the lease and he knew about before I moved in. Have pictures. My sister was hear when we cleaned carpets 2 weeks after we moved in. She lives in Ohio but she wrote and had notarized stating the repairs that needed done also the smell in the carpets. He didn't have carpets cleaned before I moved in. now he is saying I caused the smell. Also he didn't put my deposit into and account and notify me where it is. Notarized to call Children and Youth because I was watching my nephew for the day in this pig sty(not cleaned to his liking&had boxes in basement)called the next door neighbor and had him bring his phone over and when I told them I had nothing to talk to him about he had them tell me either I talk to him or to the sheriff. The next day his father came up and told me he is a retired state police and he will call the sheriff. (father is not retired state police, he got fired for drinking on the job, no one on police force knows him, I got this on reliable sources a retired state police checked into it for me) Hope you all can make sense from this.

[ScottGem]

Ok, so what it comes down to is you moved into an apt that needed repairs. These repairs were documented on the original lease. The repairs have never been made. Now, because you want to move out, but didn't give the notice as prescribed by the lease, he is claiming penalties.

Sounds to me like he's trying to scare you. Unless, you really need your deposit back, I'd just move out and let him try to get any more money from you. If he takes you to court, I think you have enough to show he didn't keep his end of the lease.

[Bonnie714]

He is suing me for $619. My deposit was $450 and rent was $450 with late fee of $50. I really don't know what he is suing for. On my 30 day notice he gave list of things that he said is wrong. Not keeping place like he said he wanted, even got mad because window was still broken(broken when I moved in)and I didn't remove pieces of glass. On the 12th of June he filed for possession of property for non-payment of rent. All the lease said is that there is a late fee of $50 after the 5th of the month. Also suing for damages. I counter sued for harassment, not fixing damages, and not giving me the name and address as to where he has deposit. I can't use the 2 bedrooms upstairs because one room has a leaky roof and the rain comes in and the other room was carpeted and it was never cleaned after the last tenant move out so I cleaned it and the smell was so bad that I can't use it. My sister was here when we scrubbed the carpets and he called me that day and I told him of the smell. This was 2 weeks after I moved in. I was just wondering what chances I have of getting my deposit back. During the summer months I only receive $585 a month but have help from my daughter so we do need our deposit back. We have found another place with a great landlord who is willing to let us paint and get things repaired for the rent.

[excon]

Hello again, Bonnie:

Here is what I suggest you do: Move ASAP. You have a new place. That's good. Clean the old place as clean as a whistle. Take pictures along with a newspaper with the date visible to prove WHEN the pictures were taken.

Go to court with confidence. You have a very good case. The one factor that is absolutely provable in which he has no defense for, is NOT putting your deposit in escrow. THAT and primarily THAT is what you should be suing for. The rest of your arguments are "he said, she said" kind of things. Your sisters notarized statement WON'T be allowed in court. Certainly, a great argument for him, would be, if the place was such a pigsty, why did you move in? So, if you can avoid telling the court how bad the place was when you moved in, I WOULD. Use the pictures you took as evidence that you were a good tenant.

He should get the rent due him, and you should get your deposit back, less any amount due for any documented damage that you did.

excon