 Tenant denial (by mstngman [PA]) Mar 25, 2016 11:21 AM
 Tenant denial (by Ray-N-Pa [PA]) Mar 25, 2016 11:33 AM
Tenant denial (by myob [GA]) Mar 25, 2016 12:23 PM
Tenant denial (by Nicole [PA]) Mar 25, 2016 12:38 PM
Tenant denial (by mstngman [PA]) Mar 25, 2016 12:45 PM
Tenant denial (by myob [GA]) Mar 25, 2016 1:21 PM
Tenant denial (by WMH [NC]) Mar 25, 2016 1:25 PM
Tenant denial (by NE [PA]) Mar 25, 2016 1:48 PM
Tenant denial (by AllyM [NJ]) Mar 25, 2016 1:49 PM
Tenant denial (by BRAD 20,000 [IN]) Mar 25, 2016 3:09 PM
Tenant denial (by Kyle [IN]) Mar 25, 2016 6:18 PM
Tenant denial (by Ed [PA]) Mar 25, 2016 7:26 PM
Tenant denial (by Vee [OH]) Mar 26, 2016 7:34 AM
Tenant denial (by Wilma [PA]) Mar 26, 2016 11:49 AM
Tenant denial (by pattyk [MO]) Mar 26, 2016 12:48 PM
Tenant denial (by John [NY]) Mar 26, 2016 5:50 PM
Tenant denial (by Colin [CO]) Mar 26, 2016 10:46 PM
Tenant denial (by myob [GA]) Mar 27, 2016 4:07 AM
Tenant denial (by WMH [NC]) Mar 27, 2016 8:33 AM
Tenant denial (by mstngman [PA]) Posted on: Mar 25, 2016 11:21 AM
Message:
State Specific Question About: PENNSYLVANIA (PA)
I received a certified letter from my former tenant that states they never received their security deposit or an itemized list of deductions within 30 days as required by PA law.
I sent them an itemized list of deductions which exceeded the amount of their security deposit and requested payment on the remaining balance within 10 days of receipt of the letter.
I sent the letter on the 18th of the month, figuring it would be received by the 21st or 22nd. I had not heard from them and then received the certified letter which they must have sent on day 30 or 31. I know they must have received my list but are denying it and are now requesting the security deposit be returned in full.
What recourse do I have? If we end up in court, the only proof i have is a copy of the letter I sent dated for the 17th. I didn't send it certified so I don't have a return receipt. Any advice? --73.214.xxx.xx |
Tenant denial (by Ray-N-Pa [PA]) Posted on: Mar 25, 2016 11:33 AM
Message:
Did you send the letter with proof of delivery?
In Pa if you don't give them an itemized list within 30 days, the tenant can file against you and request up to double the security deposit back.
Since you do have the itemized listing already, this will be a case of he said she said. If they file on you, the burden of proof is on them.
I have never been in that situation. One thing I do is mail myself a copy of the same itemized list that gets mailed to the tenant on the same day.
You just need to provide reasonable cause that you did what you said you did. --24.154.xx.xxx |
Tenant denial (by myob [GA]) Posted on: Mar 25, 2016 12:23 PM
Message:
Does your lease say by certified mail or just by mailing. I'll bet you have one that just says by us mail.
I would call them and ask if they would like ANOTHER copy of the one you sent the 18th. Calm and to the point. Mail it either way but let them know this has happened before with the mail service and not to worry you where just getting ready to file the civil suit against them but will hold off to give them an opportunity to see the letter and respond. It's the least you can do. --74.184.xxx.xx |
Tenant denial (by Nicole [PA]) Posted on: Mar 25, 2016 12:38 PM
Message:
did they give you a written forwarding address? if not, you're off the hook no matter what. the response right before mine is a good one. going forward, send it with proof of mailing... I don't ask for return receipt because I don't care if they get it ... I just want the proof I sent it. $1.84 USPS. you say you sent it on the 18th ... what date did they actually move out? --72.95.xx.xxx |
Tenant denial (by mstngman [PA]) Posted on: Mar 25, 2016 12:45 PM
Message:
I don't have proof of mailing. They moved out Jan.30. Texted their forwarding address on Feb. 1 and I received the keys from the tenants father who met me at the property on the 3rd. I was out of town the weekend of their move. --73.214.xxx.xx |
Tenant denial (by myob [GA]) Posted on: Mar 25, 2016 1:21 PM
Message:
would you clarify. you have 30 days to inspect or 5 days to inspect but return the deposit in 30 days?
what does the lease say about mailing notices? --74.184.xxx.xx |
Tenant denial (by WMH [NC]) Posted on: Mar 25, 2016 1:25 PM
Message:
Did you create it on your computer? Can you get the detail info on when it was created/modified saved off? Don't change it now! --173.22.xx.xx |
Tenant denial (by NE [PA]) Posted on: Mar 25, 2016 1:48 PM
Message:
I've heard that you can not show up to the hearing, LOSE, then appeal the ruling. That may be a possibility. Make it difficult for the people. I have never done this, but have heard it's possible.
ALWAYS SEND CERTIFIED!! --50.107.xxx.xxx |
Tenant denial (by AllyM [NJ]) Posted on: Mar 25, 2016 1:49 PM
Message:
Always certified so now you have to get a copy of the check you wrote from the bank to show that you wrote it. Not sure how you will prove that you sent it. The bank can tell you if they cashed it. Get all this in writing and have a stop payment on the check you wrote and sent them. --73.33.xxx.xxx |
Tenant denial (by BRAD 20,000 [IN]) Posted on: Mar 25, 2016 3:09 PM
Message:
Mstngman,
The date they mailed should be on the envelope bu that is irrelevant. If they claim they did not receive it it's up to you to prove with evidence that you DID send it
If you cannot prove the date you mailed the letter you are up a creek without a paddle.
-double check the address. Typos can cause it to be returned. Can take weeks to be returned by the post office.
-I would not call and talk yet. Text them. "Sent Feb 18. Do you need another copy?" See if you can get them to argue about the charges, proving they received it.
-Be prepared to negotiate. Avoid court at all costs. Cannot be right AND rich. Judges are not usually sympathetic to LLs - youwill have to pay their filing fee, their atty, and sometimes triple damages (return triple the deposit) and not get any of the extra repairs.
USPS Proof of Delivery costs $1.xx at time of mailing.
Gives you a tracking number.
--68.50.xx.xxx |
Tenant denial (by Kyle [IN]) Posted on: Mar 25, 2016 6:18 PM
Message:
As others said, respond to them and ask if they need another copy.
In the future, send with certificate of mailing, or delivery confirmation. --73.146.xxx.xxx |
Tenant denial (by Ed [PA]) Posted on: Mar 25, 2016 7:26 PM
Message:
Relax. PA law does not require certified mail. Take a copy of the itemized deductions if they take you to court. The MJ listens to lies all the time and will recognize it as a tenant trick. --74.111.xxx.xxx |
Tenant denial (by Vee [OH]) Posted on: Mar 26, 2016 7:34 AM
Message:
Always good to know your local/state tenant laws, if you dont want to use the green card mail because of the delay try fedex or the brown truck as they have a photo of the delivery in that magic wand and you can get it in email, but take your chances now as others have said, any further communications I would ask where is the payment? --76.188.xxx.xxx |
Tenant denial (by Wilma [PA]) Posted on: Mar 26, 2016 11:49 AM
Message:
I agree, offer another copy. Ask them to go through that new address with you again - they MAY have gotten a zip code wrong the first time. Let us know how this pans out for you. And, yes, even though PA does not REQUIRE certified mail, send it that way so that you can prove when it was delivered and save yourself from threats like this in the future.
BTW, they may be fishing for some return of s.d., knowing that they left items to deduct. They may have received that first letter, but saw the lack of certified mail as a loophole to get $ back. Tread carefully, possibly get a lawyer involved. --71.175.xxx.xx |
Tenant denial (by pattyk [MO]) Posted on: Mar 26, 2016 12:48 PM
Message:
Form 3817. Certification of mailing, cost $1.25 ish. Next time use that. Goes thru the mail, but it gives you proof you mailed it on this day to those people. I tthink they are pulling a fast one, call them ,keep a log of what you do do. --66.87.xx.xxx |
Tenant denial (by John [NY]) Posted on: Mar 26, 2016 5:50 PM
Message:
We have a similar law here except there is no requirement to how a list is sent to tenant. Usually the tenant's do not provide a forwarding address, but that may not be a defense. One should send it to the last known address. I have received them back in the mail, and kept that as my proof of mailing. Most that owe money are more afraid of getting sued, and so they have no intention of suing, and don't want the landlord to know where they are. Some insist of meeting in person to get their deposit back. If I don't trust them, I won't do that. But I have given the deposit back in person, in cash, and wrote the itemized list right on the receipt that they give me for return of the balance of their deposit. --71.176.xxx.xx |
Tenant denial (by Colin [CO]) Posted on: Mar 26, 2016 10:46 PM
Message:
Call their bluff. Reply along the lines of "I was wondering why you had not sent me the monies owed for damages, I''ll send you a copy and will not charge you interest on this occasion provided you send it within the next 10 days." The outstanding amount is $xxxx. Thank you for contacting me. --73.181.xxx.xx |
Tenant denial (by myob [GA]) Posted on: Mar 27, 2016 4:07 AM
Message:
John NY you are on one slippery sloop.
Think you may need to re read law. You send to last known address in almost every state. So if tenant gives forwarding address-- send there. If not send to the place they lived last-- your rental.
Meeting and giving list and CASH no no no. Inspect, send list, give time to cure. Than wait your states required time to send back dep balance -- if any. --74.184.xxx.xx |
Tenant denial (by WMH [NC]) Posted on: Mar 27, 2016 8:33 AM
Message:
Last time I had to send an accounting (meaning I didn't return the entire deposit) I texted them, and told them to check their email (where I sent a copy of their accounting) and in the email I tell them the paper copy was sent under separate cover.
So they've received it three different times, by at least 2 known methods (because I've communicated with them in the past using text and emails.)
It would be hard for them to say they didn't receive at least one version.
I think returning a Security Deposit in cash could indicate you had co-mingled their funds with yours - in NC it has to be properly held in a financial institution until the tenancy is over. I never refund in person - I use my bank's billpay feature and send a check direct from their SD-designated account to their forwarding address.
I don't send a check to the last known address, we are not encouraged by NC law to do that. If they don't provide a forwarding address, we have to keep the SD for at least six months - then if they don't claim it, it's ours. --173.22.xx.xx |
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