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AdmRose
04-01-2009, 04:36 AM
Here is the deal:

I moved out of my apartment on 2/27/09 a month before my lease was up. I paid the landlord the last month's rent of $590 before I moved and he approved everything. 30 days have passed and I have heard nothing from him and have not yet received my security deposit back (also $590). Yesterday I sent him a letter stating that since the 30 days lapsed and I received no refund or list of damages (there are none) from him that he forfeited his right to withhold anything from it. I also informed him that if he didn't return it within five days I would sue in district court. I'm awaiting his response. My concern is there is a provision in the lease that states if I break the lease before the 12 months is up the landlord "may" keep my security deposit. My issue here is with the non-committal wording of the paragraph - namely it says "may" instead of "will." My contention is that if the landlord is exercising his choice to withhold the security deposit despite the fact that he lost no money due to the lease being terminated early that he would have to inform me of same within the 30 day period. Should I pursue this matter further?

chris82269
04-20-2009, 10:06 AM
Pennsylvania Law requires you to submit a current address to you landlord upon moving to a new place. It is up to you to obtain a written agreement for the lease termination and this would have to have been done prior to leaving. Upon leaving you provide a current address for the landlord to contact you with a list of reasons to retain security deposit and the landlord must prove that they are not due to normal wear and tear. If you submit to the landlord your new address it becomes effective the day you sent it to them. You would need proof such as registered mail or other means. If the landlord does not submit in writing a list of reasons for the retention of your security deposit within 30 days from the time you moved out and submitted a forwarding address to them they waive there rights to claim against any discovery of damage against you. If they fail to give you written notice of said damages in the 30 day time period you can sue for double the amount of the security.

Everything would have to be done accordingly.

cactus jack
04-21-2009, 05:41 AM
Google is your friend if you want it to be-

http://www.google.com/search?hl=en&q=pennsylvania+landlord+tenant+laws&btnG=Google+Search&aq=f&oq=

http://www.rentlaw.com/dep/padeposit.htm

http://www.tenant.net/Other_Areas/Penn/harris/pa-toc.html

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