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Security deposit and repairing damages

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Sinsaint

Member
What is the name of your state? PA

My brother signed a year lease last August. He paid the entire year up front as well as a security deposit. In his lease it states that unless the tenant provides 30 days written notice of intent to vacate at the end of the term the lease will automatically renew. It also states the tenant cannot make any repairs to the property without the written permission of the landlord.

Here are the two issues. He sent him a certified letter at the end of May telling him he is leaving but the landlord either hasn't or won't pick it up. What else can he do about making sure the landlord doesn't renew the lease? He just spoke to the landlord yesterday about scheduling a walk through and the landlord told him it isn't going to happen. He said there was a burn in the carpet and that alone would use up his security. The carpet is actually an area rug (like Wal-Mart sells for $30). My brother said he wanted to replace the carpet. The guy told him to forget it. He isn't allowed to repair anything without the landlord's written permission and he isn't going to give it to him.

My brother said aside from the carpet there are a few dings in the walls. My other brother is a contractor and my mom and I both own our homes. We've repaired many holes. A little spackle, sanding and a fresh coat of paint would amount to maybe $50. Can the landlord refuse to allow the tenant to repair his damages? I was under the impression the the 'repair' clause pertained to the tenant either changing the property (adding a dishwasher where one didn't exist) or hiring someone to make repairs that the landlord is responsible for paying (getting a leak fixed by plumber A who charges more than his usual plumber B).

One last thing. My brother works out of town. The last time he was gone his apartment was broken into. He told the landlord he wanted to move his stuff out now and turn the electricity off. The landlord said if he moved his stuff or turned the power off he would consider that breaking the lease and he'd forfeit his security. Is that legal?
 
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BL

Senior Member
It's unusual for a landlord to collect rent for the entire lease period of one year , but at any rate , when the RRR Certified mail comes back undelivered , do-not open it . Keep it for court if need be for proof of notification .

He should have an estimate of cost to repairs the wall damage .

If this is an area rug , not the entire carpet , the court will also decide it's worth .

He should not move all his belongings out early ( it might be considered abandonment ) .

He could leave enough belongings there where it wouldn't/couldn't be considered abandonment , and keep the utilities on . If he won't be staying there the cost will be very minimal .
 

HuAi

Member
LL doesn't owe a moveout inspection prior to tenant actually moving out since there could be hidden damage behind furniture etc. Take lots of pictures at moveout, wait for LL's security deposit accounting to arrive within a month after tenant moves out, and if tenant disagrees with any charges, he has to take LL to small claims court.
 

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