Security Deposit Problems

[AdamWe]

What is the name of your state? PA

March of this year I signed a 5 month lease from April to August. At the beginning of August I told the agent I would sign a year lease. 2 weeks go by and I never heard from her about getting together to sign the lease. The 3rd week my friend had her roommate move out on her and I decided to fill to opening at her apartment and called the agent to tell her. She told me it was no problem and there was no disagreement. I paid for September rent and the agent requested I move out on the 15th which I did but it was an inconvenience. I call two weeks after I move out to the actual Landlord about my security deposit. I hear nothing for a while. The beginning of December I call her about getting my deposit back and finally get ahold of her. She said she doesn't feel as if she should give it back since I said I was going to sign the lease and I pulled out so since she isn't pressing charges to get the full year rent she feels entitled to the deposit. So now I am going to sue her for my deposit + interest and 1/2 September rent. What are my chances?

Also I never originally received a copy of the lease and I requested a copy but both the landlord and agent are ignoring my calls. Does this constitute a punitive award?

 

[ENASNI]

What is the name of your state? PA

March of this year I signed a 5 month lease from April to August. At the beginning of August I told the agent I would sign a year lease. 2 weeks go by and I never heard from her about getting together to sign the lease. The 3rd week my friend had her roommate move out on her and I decided to fill to opening at her apartment and called the agent to tell her. She told me it was no problem and there was no disagreement. I paid for September rent and the agent requested I move out on the 15th which I did but it was an inconvenience. I call two weeks after I move out to the actual Landlord about my security deposit. I hear nothing for a while. The beginning of December I call her about getting my deposit back and finally get ahold of her. She said she doesn't feel as if she should give it back since I said I was going to sign the lease and I pulled out so since she isn't pressing charges to get the full year rent she feels entitled to the deposit. So now I am going to sue her for my deposit + interest and 1/2 September rent. What are my chances?

Also I never originally received a copy of the lease and I requested a copy but both the landlord and agent are ignoring my calls. Does this constitute a punitive award?

Stop calling and start writing requesting what you want. Everything here has been done verbally.

 

[AdamWe]

I sent a letter right after I called and talked to her stating my demands. I also called and left a message saying that I sent a letter. I basically detailed all of the events and what I will do if my demands are not met. I am sorry that I didn't include that information.

 

[justalayman]

Send all correspondance "return reciept requested"

Who was this "agent" and was all the communication with this agent verbal?

Chances are you are not going to get any of Sept. rent back. Generally you are required to give 30 day notice of vacating. It is actually very possible you won't get the security deposit back either. Most LL/T laws and agreements require the notice of termination of lease to be in writing. These terms should be in your lease agreement as well. Which you should have gotten along time ago.

On the good side there is no way you can be held to any rent based upon the LL statement of "I said I was going to sign the lease and I pulled out so since she isn't pressing charges to get the full year rent".

If you didn't sign the lease she can't hold you responsible for that lease.

 

[AdamWe]

The agent was the daughter in law, a real estate agent in the Pittsburgh area. All of the coorespondence was verbal. The landlord lives in Philly. If I take the landlord to small claims court the daughter in law will probably represent her.

The day after I moved out I came back to lock everything up and the super was living there. We did the walk through and he said everything was fine. I realize that every coorespondence has to be in writing but isn't that evidence that she was aware that I moved out on the 15th.

So I send the letter of intent and lease request "return reciept requested", she ignores me like she has always done in the past, then what?

Back to the Security Deposit: I thought the PA law was within 30 days, deposit, written reason or itemized bill?

 

[justalayman]

http://www.clsphila.org/housing-security_deposits.htm

You might be interested in the link above. (notice the double your money back part)

As far as RRR mail. I simply say, send all correspondence RRR. This way you have record of your communications for the courts if neccessary. Her failure to respond then becomes her problem. It is just for the tracking value.

From the looks of it your notice was accepted as evidenced by the actions you describe. Many leases allow for this so I think you are safe here.

So mail your request for return of deposit including your address. Do not give any additional time. If she fails to respond, head on down to the courthouse and file a small claims case.

And yes you seem to be correct on the deposit disposition. (see link above)

 

[AdamWe]

I will send the same notice I sent before RRR. I was going to send RRR the first time but I could never get ahold of her during the day so I figured sending an RRR wouldn't be helpful.

In the course of gathering evidence to verify my landlord is the owner of the land I have uncovered she has over $800 in back property taxes. Can this help me or is that information inconsequential?

Thanks for your time and have a happy new year.

 

[Who's Liable?]

I will send the same notice I sent before RRR. I was going to send RRR the first time but I could never get ahold of her during the day so I figured sending an RRR wouldn't be helpful.

In the course of gathering evidence to verify my landlord is the owner of the land I have uncovered she has over $800 in back property taxes. Can this help me or is that information inconsequential?

Thanks for your time and have a happy new year.

When you send a letter CRRR, it is physical EVIDENCE that the judge will want to see. Her failure to respond to the letter is her problem, and not yours.

If you get a letter back CRR, DO NOT OPEN it as once again it is evidence, and it proves to the judge that what you are telling him is true...

 

[justalayman]

In the course of gathering evidence to verify my landlord is the owner of the land I have uncovered she has over $800 in back property taxes. Can this help me or is that information inconsequential?
QUOTE]

Should have no bearing on your case.