security deposit (by Lori Nelson [HI]) Feb 20, 2016 5:49 PM
security deposit (by Vee [OH]) Feb 20, 2016 6:09 PM
security deposit (by Ray-N-Pa [PA]) Feb 20, 2016 7:08 PM
security deposit (by BRAD 20,000 [IN]) Feb 23, 2016 10:24 PM
security deposit (by Kyle [IN]) Feb 24, 2016 6:36 AM
security deposit (by Lori Nelson [HI]) Posted on: Feb 20, 2016 5:49 PM Message:
State Specific Question About: PENNSYLVANIA (PA)
My PA tenants, a married couple, both signed the lease (and I happen to know that HER income sustained rent payment). Now, the husband is suing me SINGLY (they have split up, happened right after they moved out) to recover THEIR security deposit. Can I have his small claims filing dismissed because he is not including the other tenant in his attempt to recover? (There are other more serious grounds on which he is not entitled, but this would be quick and easy, if feasible.) I am prepared to defend,and to counter-sue for the rent abatement he received for work he never did...
--76.172.xx.xx |
security deposit (by Vee [OH]) Posted on: Feb 20, 2016 6:09 PM Message:
I am not versed in PA tenant law but the basic thing is you need to do is take photos of the damages not consistent with the movein photos you took when they came in and deduct the cost to restore from the deposit, this accounting statement must be sent cert mail or a delivery confirmed carrier so they get it within your tenant law timeline, some places have a penalty of 3 times deposit when the manager has not followed the rules. --76.188.xxx.xxx |
security deposit (by Ray-N-Pa [PA]) Posted on: Feb 20, 2016 7:08 PM Message:
The lease list them as tenants jointly and severally, then they have to be treated as a whole.
The state law requires you provide them with 30 days of you taking procession of the property (getting the keys back), an itemized list of how the security deposit was spent and you return the unused balance. You can send that statement via regular mail with delivery conformation. If for any reason you did not do that and you are taken to court, the court can grant the tenant up to twice the security deposit and then review the expenses that you claim.
If you do lose the court case, you would be required to make this payment to all the folks whose name show up on the lease.......so if the couple is no longer a couple - the winning check might not even be cash-able. Hope that helps. If you have specific follow up question, let me know. --24.101.xxx.xxx |
security deposit (by BRAD 20,000 [IN]) Posted on: Feb 23, 2016 10:24 PM Message:
Lori,
If you lose you will also have to pay their attorney fees and the filing fees. I always advise to settle before you get out of court. Pride comes before a fall. So set your pride aside and work something out with them. Much much cheaper to simply pay them off and avoid court.
Based on what you wrote I highly recommend that you hire an attorney to handle this for you. I believe you were in over your head. Some residents know the court system very well and can easily win in a landlord-tenant lawsuit.
BRAD --68.50.xx.xxx |
security deposit (by Kyle [IN]) Posted on: Feb 24, 2016 6:36 AM Message:
He has a claim to the deposit and I don't think he would need her to join him in the court case. You will have to defend this with evidence of complying with the deposit accounting statutes and evidence backing up all deductions. --68.38.xxx.xxx |
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