I have a month to month written lease agreement signed by me and by my landlord. Rent was $500.00 monthly. Security deposit was $1000.00, of which I only paid $200.00 and the landlord verbally agreed to allow me to move in and pay the rest of the security deposit a little at a time. I had a few financial problems and did in fact pay my rent late a couple of times, however I got caught up on my rent. My rent was on time for the past several months, but I still never paid the rest of my security deposit.

The lease stipulates no pets and I did have a cat in my apartment for a brief time. I was told by the landlord to remove the cat, which I did. However, he didn't believe that the cat was gone, so he started to enter my apartment whenever he wanted to, without advising me or without even knocking when he did enter. He was trying to find the cat, which was not there. He would enter the apartment anytime he wanted to, which I considered to be harassment.

On 12-14-2006 the landlord sent me a letter by US Mail to advise the he still believed I had a cat and that I was to remove the cat or vacate the apartment by January 1,2007. I decided to move as he asked, even though I did not have the cat. I was tired of his harassment. I moved out on 12-28-2006.

On that very date he filed a complaint to sue me for the unpaid security deposit balance, the rent for January, late charges for January rent, and court fees. All totaled it is about $2000.00.

1. How can he file on 12-28-06 for late January rent that isn't even due yet?
2. How can he ask me to pay January rent when he told me to leave by January 1st anyway?
3. Is there anything I can do after the fact about him constantly entering my apartment without notification or knocking?
4. If there are no damages to my apartment, he would have had to give me back my security deposit anyway, so why does he want me to pay it now? He would only have to pay it back to me.
5. Even though he told me to leave, does he still have to provide me with a list of the damages he alleges that would allow him to withhold my security deposit?
6. Since he allowed me to move in without having the entire security deposit paid first, doesn't that already "break the lease" and make the entire lease unenforceable somehow?

It sounds like you received a notice to quit. Basically you had to decide to get rid of the cat or vacate the premises. It would have been best to supply him with your 30 day notice, or whatever notice required by your lease in the event of intending to vacate. His responsibility is to send you an itemized list of the damages caused by you and your cat within the next 30 days. He owes you an account of how much was deducted from your security deposit. He can still sue you for January rent and any damage beyond what is being withheld out of the deposit in his possession. He will probably deduct for cleaning, and having to pull up the carpet and have it treated for cat pee. If the apartment was furnished and you had a male cat, the furniture will also have to be treated for cat odor.

The thing is that the cat was only there for a short time and did no damage. I got rid of the cat long ago as he asked. He just didn't believe that the cat wasn't there.

Also, I left the apartment in better condition than when I moved in. I'm waiting for the 30 day period to be up to see if he gives me a list of any damages. As of yet, he has not mentioned any damages. Plus, by law he is supposed to notify me in writing which bank my security deposit (the $200.00 that he does have) is being held on deposit. He never did that. In order to keep any or all of my security deposit he has to first give me the list of any damages, which in my opinion should be nothing or close to nothing.

Plus, he told me in writing to be out by January 1st. I don't see how he can charge me January rent then.

Thanks for the reply, but I disagree with it.

On 12-14-2006 the landlord sent me a letter by US Mail to advise the he still believed I had a cat and that I was to remove the cat or vacate the apartment by January 1,2007. I decided to move as he asked, even though I did not have the cat. I was tired of his harassment. I moved out on 12-28-2006.

That is a notice to quit.

Also, the landlord is to notify you of where your deposit is being witheld starting on the third year of your lease.

Every tenant I have ever had has said that they left the apartment in better condition than when they moved in. So far none have been right.

I have rented apartments starting in the early 1980's and I have ALWAYS received 100% of my deposit back from every landlord and some have even commented on how thrilled they were with my cleanliness. There was once exception back in 1998 when I had spilled some bleach on the carpet inside a closet. I even notified the apartment complex office of it myself and they charged me $50.00. Most people who enter my home tell me they would never even think I had a cat at all. I am an extremely clean person. I have asthma and I have to keep my house free of dust, pet dander, mold, you name it. I scrub my kitchen and bathroom floors on my hands and knees, the old fashioned way.

I also have many freinds who have been tenants and none of them have ever had a security deposit that was not returned. Maybe you need to screen your tenants better. I myself sublet a rental house once and also had no problems with that tenant as she was also a very good housekeeper.

I'm not some deadbeat tenant. I had some unforeseen problems that put me in a temporary financial crunch and that is just about all taken care of - health problems, not lack of working or anything.

No need to get snippy. Here is your landlord’s side of the story. You have not met your part of the agreement by not being able to come up with the security deposit. He gave you a break and took a chance by allowing you to pay the security deposit on a slow payment plan. By so doing he has taken a great chance that his property will be damaged and he by his own action will not be able to recover damages. Now let’s look at what has transpired. You have not only been able to keep your end of the bargain, but have put undue strain on his finances by not being able to pay the rent on time in addition to the side agreement on the security deposit issue. He now has to wonder how often will this happen should he continue to let you live there, and when if ever will he received his security deposit. Now comes the intentional breaking of the lease by bringing in a cat. Of all pets this is the one with the longest lasting effects in terms of damage………..and still no deposit. You gave him no alternative but to give you a notice to quit. The lease is enforceable and it was you that have not only broken the terms of the lease once but on three different occasions. Hopefully your landlord will forget to bill you within the 30 day period and you will be able to claim your security deposit. The damage if any is another story and he will probably be unable to collect. But then again he should have known better than to let someone in without a full deposit. No pet means no pet I just don’t know why people insist that their pet is an exception to the rules. Tenant pets are a LL’s biggest liability and source of frustration with his or her units.

YOU obviously only want to see one side of the issue without even knowing all the facts. [I] don't have the time to go over this entire story and the whys and hows. Why the landlord chose to let me in without a security deposit is because I had a FANTASTIC rental history with PROOF of that. Yes, he took a chance and I thanked him over and over for that. It isn't easy to have to tell a perfect stranger the circumstances you are in and ask for the benefit of the doubt. I never had any intent to not pay my bills, his or anyone else's.

Since the rent was caught up as of the last 3 months, I was intending to pay him his full security deposit over the next 60 days, now that my temporary financial strain was over - and he agreed to that.

That doesn't man he has the right to keep coming into my apartment anytime he wants, on a daily basis - without knocking even when I'm home. He being a man, and me being a woman especially has not been a comfortable feeling. Waking up from a sound sleep to find your landlord in your apartment is not a fun thing, man or woman.

Did you ever hear of someone falling on a temporary hard times, like people who get cancer or other illnesses? Such people are not intending to pay late and put a strain on anyone, not to mention the strain on themselves to try to even buy food for themselves each week It was not like I didn't pay my rent for months on end and expect to live there. I was late twice, less than 30 days, having paid part of the rent one week and the rest the next, and never late again thanks to help from another source. It takes time to apply for such things like loans, or assistance when a person suddenly finds themselves in an awful situation.

Do you ever have any compassion or do you always assume the worst about a tenant? As for the cat it was there LESS THAN A WEEK and was not even mine. I had it there just for a few days while a friend was away because I was not able to drive to her home to feed it and care for it and she had to go away suddenly. I explained that to my landlord. I wasn't planning to keep the cat anyway.

In the meantime you've answered just one of my original questions and instead seem intent on telling me what a bad tenant I've been. If you want to address my questions rather than beat me up, go ahead. Otherwise, don't bother and I won't bother with this site anymore. It's ridiculous. I have an appointment with an attorney next week. He already read my lease and my "notice to quit" and he says he doubts my landlord will be awarded the money he is asking for.

My original questions were:
1. How can he file on 12-28-06 for late January rent that isn't even due yet?
2. How can he ask me to pay January rent when he told me to leave by January 1st anyway?
3. Is there anything I can do after the fact about him constantly entering my apartment without notification or knocking?
4. If there are no damages to my apartment, he would have had to give me back my security deposit anyway, so why does he want me to pay it now? He would only have to pay it back to me.
5. Even though he told me to leave, does he still have to provide me with a list of the damages he alleges that would allow him to withhold my security deposit?
6. Since he allowed me to move in without having the entire security deposit paid first, doesn't that already "break the lease" and make the entire lease unenforceable somehow?

My original questions were:
1. How can he file on 12-28-06 for late January rent that isn't even due yet? He can't...which is probably why your attorney says he won't win...that part.
2. How can he ask me to pay January rent when he told me to leave by January 1st anyway? Because he didn't really ask you to leave. He gave you a choice to get rid of the cat(which I believe you did but he didn't) or leave. Like you, I would have chosen to leave but you should have notified him IN WRITING of your choice to leave. Without that notice he can charge you January rent. As Brooke stated, he was informing you that if you didn't he would be evicting you. However, you left voluntarily without 30 days notice so he is asking for January rent.
3. Is there anything I can do after the fact about him constantly entering my apartment without notification or knocking? Proably not but if you go to court you could mention that you were denied right to peaceful enjoyment.
4. If there are no damages to my apartment, he would have had to give me back my security deposit anyway, so why does he want me to pay it now? He would only have to pay it back to me. I agree..this part is weird. I assume he believes he will be able to PROVE that much damage in court. He will use the cat story and say there is urine in the carpet.
5. Even though he told me to leave, does he still have to provide me with a list of the damages he alleges that would allow him to withhold my security deposit? Yes, for the portion he already has.
6. Since he allowed me to move in without having the entire security deposit paid first, doesn't that already "break the lease" and make the entire lease unenforceable somehow? No..he was simply being nice at that point. Many LL's do this.

I'm sorry this is happening but hopefully your attorney is able to help you fight this. I don't know how he'll prove to the judge about the carpet/cat if he tries to say that. But the burden of proof will be on him. I advise you to have proof of your excellent rental history. Altho' for such a good tenant it was NOT smart of you to have a cat when you knew it was against his rules. Not trying to be mean...just would have been better for you.

Sounds like you should be glad to be out of there tho'. LL's like that were the reason I ALWAYS kept the screen doors locked when I was at home in rentals. That way they couldn't just "walk in". In our last rental before we bought we would lock the screen doors and go out through the garage door as they didn't have an opener so they couldn't get in while we were gone.

Good Luck!

Biological waste can be easily identified with the use of a black light. The cat urine will show up in ultraviolet light as a bright purple spot. As proof I would imagine that a carpet cleaning company will be hired to inspect the premises and a receipt with the findings will be given to the landlord which can be produced in court.
L1927
My intent was not to harass you, but to point out the landlord’s side of the issue. His creditors do not care if he is ill or what the circumstances are behind his mortgage payment or his credit cards not being paid. His taxes still have to be paid on time and repairs bill do not cease to stop no matter what excuse he brings up. LLs provide a service and in return expect payment on the 1st. In time of need tenants need to turn to the friends, the church, city agencies etc NOT the Landlord. As for his entry without notice. In PA that should be spelled out in the lease. If the landlord has omitted a clause about entry, then it is up to the tenant to negotiate terms of entry. A 24 hr notice is not required by the state. In cases such as yours, the Judge will determine if you were unfairly compromised but basically it will be your word against his. You should get a door latch installed on your front door and use it when you are home. In your next apartment double check for right of entry and if you disagree with his clause, then do not sign a lease or negotiate for an 8 hr or so notice.

Thank you Irish Nodak - finally someone who answered my questions rather than tell me how all tenants are so awful.

Yes, I did get rid of the cat, after less than a week, just helping a friend for a few days. I knew I was not to have a cat, but she was in a bind and I couldn't say no. It was a female and there is no urine in the carpet. I've had cats in the past and was always told that there was no odor in my home, that you would never know. I would not have an animal that stunk up my house. I'm sort of a clean freak, a little obsessive I admit. One landlord I had told me she was amazed at how clean it was in her house I was renting and that she is a slob and wouldn't even rent to herself actually.

I've always gotten along well with my landlords until this one. I think he knew I was in a bad situation and in the beginning I thought he wanted to help. He definately gives me the creeps when he comes into my apartment when I am in bed sleeping. Who knows what he does when I'm not there. He was looking for the cat and after weeks of looking he never gave up. I asked him if he could smell a cat, much less see one. It wasn't there. Even when it was, I kept the cat confined to one room for those few days.

Thank you very much. I do think that in the end I will win. It's just a shame that I have to use an attorney. However, it's a friend of a friend and the charge will still be less than what the landlord is trying to get from me.

Thank you for answering my questions with some good answers that make sense.

I'LL SAY IT ONE LAST TIME BROOK - there is NO URINE in the carpet. The cat was in my bedroom for 4 days and that was it. She used a litter box. I've been in a house where the carpet was pulled up due to urine. What is your thing with the cat and the urine and the ultraviolet light. I'm not lying about the fact that the cat never peed on the carpets. Geeze, get off it.

As for turning to the church, agencies, etc that is what I did. However, they do not hand you money on the spot. You first have to go through an application process when you apply for such things and it takes several weeks. That is what I did. Many people like me go along for years and build up excellent credit, excellent rental history, etc and then they have an illness and can't work. Even temporary disabilty policies like I have at work take several weeks to start paying a person. SH*T happens and it's not fun when it does. How do you think I felt having to pay late, not good at all. It was humiliating. Maybe one day you will have a situation that it very bad like I was in, and maybe you will find out.

http://www.rentlaw.com/eviction/paeviction.htm

Here is a site about evictions in pennsylvania, though it did not state anything about collecting for rent, for the month he does not want you there anymore.

Unenforceable clauses
Some clauses that appear in a written lease or rental agreement are, by the nature of the clause, unenforceable. These include agreements that the landlord can repossess property if the tenant falls behind in the rent, agreements allowing the landlord to enter the rental unit any time, without notice, agreements that tenants will pay for all damages to the rental unit without regard to fault, and agreements that court action entitles the landlord to more money than can be order by the court.


http://law.enotes.com/everyday-law-encyclopedia/landlord-tenant-rights



From this site, I do not know if it includes pennsylvania.

Turboway;

Pa is a landlord friendly state to some extent and a bit ridiculous in some of their legislation. For example the security deposit can not be more than twice the rent and half of it must be returned to the tenant at the beginning of the second year. A pet deposit is counted as security deposit. So, if the rent is 600.00 the security deposit can only be 1200 regardless of whether the tenant has a pet or not, and then the half of the deposit goes out the window at the end of the year. That wouldn’t even cover the carpet replacement due to fecal and urine damage. There are no mandates regarding landlord entry. That is something that can be negotiated by the tenant at the beginning of the lease. With regard to eviction notice, that too can be negotiated prior to signing the lease. For example, If my tenants are late with the rent by even one day, I can go straight to court and start the eviction process. The notice can be waived by the tenant at lease signing. That is not to say that I would take advantage of it, but in the case of a troublesome tenant it is good to know the option is there.

The advantage here is that when leasing the tenant and the landlord can make an agreement that is mutually beneficial to both. If the tenant does not like the rules or the landlords lease, they can just go down the block and rent from someone else. As with anything, the market determines who is being overly difficult and who is not.

I'LL SAY IT ONE LAST TIME BROOK - there is NO URINE in the carpet. The cat was in my bedroom for 4 days and that was it. She used a litter box. .

OK, let’s take if from the beginning. Basically I think Irish got it right. Your landlord will be unsuccessful in getting everything he is asking for. He will however win this suit if he plays this right. Though, I don’t have much confidence in him. The fact that he is asking for the security deposit tells me that he doesn’t know much about PA rental law. Realistically, I think he is entitled to January rent, court fees and carpet inspection fees by a professional company. Judges don’t like late fees and it is unlikely that the LL thought far off in advance to hire a company to check for traces of cat pee in the carpet. Most likely he will insist that there is an odor of cat pee in the carpet, but without proof he basically has no standing.

Now, you insist there is no cat pee in the carpet because you are such a clean person. Well that in itself is of little value since there is no reason that the Judge or anyone else should take your word for it. Basically, the Judge has seen it all and heard it all. Your best tactic is to take plenty of pictures on the way out as proof of your claims.

You ask, Why the carpet inspection fees? After all, the cat didn’t pee anywhere! Well, you broke the rule and the landlord is entitled to question your allegation. He feels that you have deceived him by bringing a cat to your home, despite knowing that pets were not allowed. He has a right to thoroughly have the apartment checked out (on your dime)before the summer heat kicks in and odors begin to become evident. After all, the next tenant might be complaining and asking to be let out of his(her) lease. I know you disagree, but it is only fair that he verify that the cat did not pee on his carpet.

Turboway;

Pa is a landlord friendly state to some extent and a bit ridiculous in some of their legislation. For example the security deposit can not be more than twice the rent and half of it must be returned to the tenant at the beginning of the second year. A pet deposit is counted as security deposit. So, if the rent is 600.00 the security deposit can only be 1200 regardless of whether the tenant has a pet or not, and then the half of the deposit goes out the window at the end of the year. That wouldn’t even cover the carpet replacement due to fecal and urine damage. There are no mandates regarding landlord entry. That is something that can be negotiated by the tenant at the beginning of the lease. With regard to eviction notice, that too can be negotiated prior to signing the lease. For example, If my tenants are late with the rent by even one day, I can go straight to court and start the eviction process. The notice can be waived by the tenant at lease signing. That is not to say that I would take advantage of it, but in the case of a troublesome tenant it is good to know the option is there.

The advantage here is that when leasing the tenant and the landlord can make an agreement that is mutually beneficial to both. If the tenant does not like the rules or the landlords lease, they can just go down the block and rent from someone else. As with anything, the market determines who is being overly difficult and who is not.

Thank you Brook, I have to admit the law siding with a man entering a womans apartment anytime (even at night), isn't very settleing to the stomach lol!

OK, let’s take if from the beginning. Basically I think Irish got it right. Your landlord will be unsuccessful in getting everything he is asking for. He will however win this suit if he plays this right. Though, I don’t have much confidence in him. The fact that he is asking for the security deposit tells me that he doesn’t know much about PA rental law. Realistically, I think he is entitled to January rent, court fees and carpet inspection fees by a professional company. Judges don’t like late fees and it is unlikely that the LL thought far off in advance to hire a company to check for traces of cat pee in the carpet. Most likely he will insist that there is an odor of cat pee in the carpet, but without proof he basically has no standing.

Now, you insist there is no cat pee in the carpet because you are such a clean person. Well that in itself is of little value since there is no reason that the Judge or anyone else should take your word for it. Basically, the Judge has seen it all and heard it all. Your best tactic is to take plenty of pictures on the way out as proof of your claims.

You ask, Why the carpet inspection fees? After all, the cat didn’t pee anywhere! Well, you broke the rule and the landlord is entitled to question your allegation. He feels that you have deceived him by bringing a cat to your home, despite knowing that pets were not allowed. He has a right to thoroughly have the apartment checked out (on your dime)before the summer heat kicks in and odors begin to become evident. After all, the next tenant might be complaining and asking to be let out of his(her) lease. I know you disagree, but it is only fair that he verify that the cat did not pee on his carpet.

Do take note Lilly, that she is stating that the landlord has the right to check to see if you were correct in your statement about the cat not peeing, she is not calling you a liar, and telling you, that the cat did. I think this last post by a landlord, whom deals with tenants, in PA, is the best advise you can get, and it further sides with you, in the fact, of pointing out, for your benefit, the laws, that can help you win, if taken to court on certain things, because the landlord, did not follow the letter of the law, on these issues, to win this suit. Chill Lilly, it will all work out, and I know you are glad to be out of there, I would be also!!

Thanks Turbo,

Now were I to find a man standing over my bed, the thing to do is call the police and have the man explain what business he has being there. If this is a LL he would have to do a lot of “splaining” to get out of a breaking and entering charge. LL or not he must have a reason to be there.
I doubt he would try it again after that. In Lilly’s case, without a police report it would look like one of many allegations by a tenant who owes the landlord money. I really don’t think the Judge would want to waste his time deciding who is lying and who is telling the truth. These are side issues. His prime concern will be
1. Whether the notice to quit properly justified, written and delivered in accordance to the law.
2. If so, did Lilly give a proper notice?
3. Are the landlord charges justified?
4. what to award the winning party after taking into consideration the various arguments.

IMHO, at most this case will be over in 10 minutes.

Thanks Turbo,

Now were I to find a man standing over my bed, the thing to do is call the police and have the man explain what business he has being there. If this is a LL he would have to do a lot of “splaining” to get out of a breaking and entering charge. LL or not he must have a reason to be there.
I doubt he would try it again after that. In Lilly’s case, without a police report it would look like one of many allegations by a tenant who owes the landlord money. I really don’t think the Judge would want to waste his time deciding who is lying and who is telling the truth. These are side issues. His prime concern will be
1. Whether the notice to quit properly justified, written and delivered in accordance to the law.
2. If so, did Lilly give a proper notice?
3. Are the landlord charges justified?
4. what to award the winning party after taking into consideration the various arguments.

IMHO, at most this case will be over in 10 minutes.

Anytime, I wish Lilly would have turned him in to the police, I would have loved to see the look on his face tee hee! Hope your day is going well!

I tried to contact lilly, to let her know of the constructive and wonderful advise, but she can not be contacted by email, or pm, so I just hope she reads these past few threads, and realizes, that you are helping her win, with your knowledge of PA eviction experience. Your welcome also, I have always learned alot from your posts. My mom and I had once, had a job detailing apartments, and homes, after the tenants moved out, and it is amazing what you could find, in an apartment, that at first appeared to be immaculant (sp?). Moving the fridge, and the stove, and opening the top of the stove top, were busters, and though shampood, when the carpet/floor under the carpet, was inspected, the carpet seemed clean, but damage was done to the floor underneath, that could not be seen, just from glance, once the carpet was shampood. Have a great one!!!!

thanks, I've read all your posts and advice is appreciated.

I'm not saying I was perfect. I did allow a cat into my apartment, even if only for a few days, but I was very careful with that cat. I've had cats before in apartments or houses I rented and I always gave a deposit and was very diligent. The cat wouldn't stay in my house if he/she stunk it up with urine. That cat would go right out the door. That's one reason I won't have a male cat. I've never has a LL complain about urine or other pet damage either while I lived there or after I moved out.

As for the LL entering my apartment even when I was sleeping, it happened 2 or 3 times, in addition to other entries without notice or knocking when I was there or wasn't. One time my son and his girlfriend were there and they were a bit startled. I wish I had called the police - hindsite being 20/20. I do have witnesses of a few of the times the landlord entered at times when I had people visiting. It might be worth mentioning.

Basically because of that when he gave me the notice to leave by the 1st I took it as my chance to get out. Funny thing is that I used the money I was about to pay him for his security deposit and put it toward my new apartment security deposit. It's a big complex with brand new apartments and a much nicer place to live.

And as a side note about the cleaning - I know all those little places like lifting up the top of the stove, moving stove and fridge. I tell you I am good. When I was younger, I used to clean part time as my own business to supplement my full time job income. I have experience in cleaning out an apartment after it has been vacated by a tentant as part of that cleaning business. I learned from seeing the stuff I ended up cleaning so that I knew better for my own place.

thank you

No problem Lilly, it is sad, that the landlord won't take your word for it, and can charge you for the inspection anyhow, but at least it will prove, that you are not responsible for any carpet damage! Did you take pictures when you left, so if he decided to sue you for bogus reasons, you could prove the condition of the house, when you left? Yes, I would mention it, if he states you kept the cat there longer than mentioned, you could even have your friends state that he had entered, to get proof on many occasions, so though he can charge you for having the cat in there in the first place (or try), he would have a hard time proving damage. We wish you luck Lilly, I am glad that you saw the positive messages, we are only here to help, sometimes we are just straight forward, and do not beat around the bush lol! Please keep us in contact, for we are all interested, on how this goes for you! I want you to come back here, and say hey, we went to court today, and I don't have to pay such and such!!:)

P.S-Congrats on the new place, it sounds alot more fitting for you!!! I also did this, but only part time, because I was still in school, then I went on to get my own business, and sub-contract with my parents, cleaning a huge computer building, and we had many employees, it was a million dollar a year contract (but that covered everything including windows, carpets, plant care, etc. The company relocated, bummer lol! The job I have now is spectacular, so I guess things happen for a reason! I pray your new manager is a very nice person!