Security Deposit

[terminatedone]

What is the name of your state (only U.S. law)? PA

i have since moved and today was the day i was to get a my deposit back, instead i got a certified letter stating the following:

according to the terms of the lease in section 1 line 1 you are responsible for all expenses incurred to put the leased property in good repair and to prepare it for re-renting.

section 23 of the lease states the tenant is responsible for the lawn maintenance, including trimming of bushes and hedges and weeding of flowerbeds. if the tenant does not maintain in satisforty condition, landlord will complete the work at tenants expense at 25 an hour.

it was also stated in the lease you are responsible for reporting any dangerous or deftive condition. i was never informed of the large hole int the garage roof. the total cost of damage to stored items has not been estimated at this time. this damage could have been avoided if the hole was reported in a timely manner.

the property required the following work:

lawn care 12 hours---$300
yard debris removal---$350
basement mold remediation 4 hours--$600
walls cabinets woodwork cleaning 12 hours--$400
carpets cleaned--$300 only 3 carpets and were previously stained
living rooom window sill repainted---$200
basement shower rail broken--$100

LL stated we exceeded the deposit so no refund.


1-LL knew the roof on the garage was bad and had sent numerous contractors out to give them estimates over the past 2 years.
2-carpets cleaned as well as walls cleaned-that is normal wear and tear and i have before and after pics that show otherwise.
3-lease stated we were not to paint anything in the property
4-lawn was cut 1 week before we moved. of course leaves came down afterwards and is not my responsibility.

can i ask for receipts? or just let it go and report the LL to the township for violations to code?

 

[Gail in Georgia]

If you believe you are owed your security deposit, it seems much smarter to chose option 3.

3. You write a letter disputing the amount kept and demanding what you believe is your fair share returned within a certain period of time (say, two weeks).

3a. If no satisfaction, you decide whether you wish to file a lawsuit for these funds.

Gail

 

[terminatedone]

i honestly feel the LL's fees are way out of line. it amazes me that LL would charge a $100 for a $15 pole in the bathroom. should i request receipts? and the issue with the landscaping????????? one of the trees fell due to a storm and she fixed it and had it removed. so i guess it is more like LL picked and choosed which things they want us to pay for and what not to pay for. should i get pics of the property now that she has hired a landscaper to do the yard?

i guess i just might let it fly. it will probably cost me more in legal fees to fight this even though i have the proof (pics, letters and dates and names contractors were out to the property) ironically LL would show up at the property every 3 months just to check on things. I will just report LL to the city since LL did not have a rental license and did not pay business tax in the city as required by law. This way my money for my deposit will go to the better of the community!

Thanks Gail!

 

[Gail in Georgia]

In Pennsylvania a landlord is under no legal obligation to furnish a former tenant with such receipts.

It is up to you to decide whether it is worth the time and trouble to consider a lawsuit (should it come to this). Generally such lawsuits are heard in Small Claims court as they involve relatively small amounts of funds in dispute. Filing for this court is fairly inexpensive and in most cases, you would represent yourself and present to the court evidence regarding the status of the rental unit as you left it at move out.

Pennsylvania Small Claims Court: An Overview | Nolo.com

Gail

 

[sandyclaus]

You can ask for receipts, even demand them, but as Gail points out, LL is under no obligation to furnish them to you.

Of course, if LL fails to furnish them, and you end up in court over the matter, the judge will most certainly need to see them in order to assess whether or not the amounts demanded are reasonable or appropriate.

 

[Searchertwin]

lawn care 12 hours---$300
yard debris removal---$350
basement mold remediation 4 hours--$600
walls cabinets woodwork cleaning 12 hours--$400
carpets cleaned--$300 only 3 carpets and were previously stained
living rooom window sill repainted---$200
basement shower rail broken--$100

To me some of the above is a little to high, but that depends on the area.
Anyway, if you don't have any documents showing that you contacted the LL about the hole, than you will probably lose. If you can prove that the contractors came out, get a letter from them, than send that to LL and deduct.

Other issues, what is clean to you is not clean to me

Painting - If window sill was damage, than yes, it had to be repainted. If not damage, than again send section of "no painting" clause along with deduction.

Lawn care - You are responsible up to the last minute when you give back the key.


You know how things were, if you feel that this was not right, send a letter to state different. Good luck

 

[John_DFW]

To me some of the above is a little to high, but that depends on the area.
Anyway, if you don't have any documents showing that you contacted the LL about the hole, than you will probably lose. If you can prove that the contractors came out, get a letter from them, than send that to LL and deduct.

I mow, edge, trim hedges, and weed over a 1/3 of an acre single handed in about 2-3 hours. this is with a non self propelled mower. I could understand weeding taking a long time if neglected for a long period or time, but 12 hours seems very excessive. Same on the yard debris removal.

I would expect a contractor to ignore you since the landlord is the one that earns them money. If you know the company or individual, could subpoena them and documents to prove the roof issue.

 

[terminatedone]

THANKS!

it is funny LL hired a landscaper. i even have a neighbor who will even state that the owner knew the roof leaked before they even rented out the property. LL is a slum lord. it is a shame that i can not post pictures here so you all can see what we lived with. yes i agree fees are really excessive. that is alright. LL never obtained a rental license in the city and will be cited over $1000 in fine and since she operated a business in the city LL never paid business tax on all the rent we paid them. that will come up to about $1500 each year. and due to discovery, late fees and so forth.