Breach of Lease - keeping security deposit?

Breach of Lease - keeping security deposit? by LJ (PA) on April 8, 2012 @19:01

I have a breach of lease clause that states that if the tenant breaches the lease I can keep the security deposit. Does anyone know if I can legally do this in PA? Has anyone been successful in keeping the security deposit for a tenant breaching the lease?

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Re: Breach of Lease - keeping security deposit? by Jake on April 8, 2012 @21:05	[ Reply ]

If you are able to keep the deposit for a breach of lease, what will you use for the damages, repairs and cleaning? What would constitute a breach of the lease? Would it be moving out early, bringing in unauthorized tenants during the lease or parking on the lawn?

Re: Breach of Lease - keeping security deposit? by Anonymous on April 9, 2012 @00:28	[ Reply ]

Are you ready for the tenant to sue you and then you find out your lease clause violates state law, then you wind up paying your attorney, your tenants attorney, court cost, damages and you still have to return the deposit. Why would you have such a clause if you do not know if its legal to do so. You should know every thing in the lease and be prepaird for the Judge to rip you a new one!

Re: Breach of Lease - keeping security deposit? by LIsaNY on April 9, 2012 @05:48	[ Reply ]

In my opinion, the security deposit cannot be used in a breach of lease : the judge will now accept it.

Re: Breach of Lease - keeping security deposit? by Katiekate (New York) on April 9, 2012 @08:33	[ Reply ]

When a tenant moves out before the end of the lease in most cases the judges will allow the landlord damages for 2 months of rent plus the cost of advertising to replace the tenant. The security deposit doesn't cover the cost of those 2 months plus the cleanup and damages to the unit. You always end up in small claims court to try to recover the money above the security deposit. Now.. if you mean damages that do not include moving out on you..then, you can certainly charge directly for the cost of repairs done immediately...like woodwork ruined by an unauthorized dog for example. But..if you mean to simply take the tenants' money without actual out of pocket damages, I would warn you to not do that. In most states the judge can award the tenant 3x the deposit for landlords' bad behavior. Taking the tenants money without receipts for actual out of pocket damage would probably fall into that category.

Re: Breach of Lease - keeping security deposit? by Anonymous on April 9, 2012 @10:58	[ Reply ]

I did 3 years ago...Tenants in the first month moved in room mate when the lease stated 2 people only.I added money to rent and asked extra person to leave.And when they paid a rent and that person was still there i gave them notice of eviction due to breach of lease.They where noisy and messy-otherwise i would give them new lease for three of them and raise a rent for 50 dollars. They moved out hoping to get SD back.There were no damages,but i was waiting another months for new tenant. We do not have a clear law in PA or uniform of rent /lease agreement,we do not have strong Landlord association ether.Rules we have are freely interpretable by judge tenant and landlord.But we are Commonwealth where contract is binding and when is signed should be respected as is.Probably Nicole PA have a better knowledge in this matter.I did not return SS and i would not...But they did not sue me...Just remember they have to give you new adress you have 30 days to return SD or send registered letter with explanation why you do not return it.Other wise the may sue you for amount of 2xSD

Re: Breach of Lease - keeping security deposit?

Re: Breach of Lease - keeping security deposit? by MrDan (Georgia) on April 9, 2012 @11:55	[ Reply ]

Your lease clause seem to be in conflict with PA Landlord/Tenant Act; Section 250.511c (c) If the landlord fails to pay the tenant the difference between the sum deposited, including any unpaid interest thereon, and the actual damages to the leasehold premises caused by the tenant within thirty days after termination of the lease or surrender and acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the amount bywhich the sum deposited in escrow, including any unpaid interest thereon, exceeds the actual damages to the leasehold premises caused by the tenant as determined by any court of record or court not of record having jurisdiction in civil actions at law. The burden of proof of actual damages caused by the tenant to the leasehold premises shall be on the landlord. (d) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable. If the Tenant takes you to court over the forfeiture of the deposit, you must be prepared to proof actual damages. If you can not, you must pay double the amount withheld, court cost and the Tenants Attorneys Fees which could add up to thousands of dollars. Paragraph (d) might preclude that your lease clause is void and unenforceable as a Tenant can not sign away their rights to security deposit return.

Re: Breach of Lease - keeping security deposit?

Re: Nicole

Re: Breach of Lease - keeping security deposit? by Brenda on April 10, 2012 @09:55	[ Reply ]

"There is not clear law in Pa." you keep saying this all you want, but there is a very definite set of laws for landlord/tenant relationships. You should educate yourself and quit making unfounded statements such as the law is not clear! It has been clear and working for decades as per your state law makers. Perhaps it is you who is not clear as to what the law means?

Re: Breach of Lease - keeping security deposit?