Security Deposit - Landlord Forum thread

Security Deposit by John (PA) on July 16, 2012 @15:47

Evicted tenant for subleasing a room in the apartment. She collected first month's rent of 400 dollars for the room plus 400 dollars security and allowed a pit bull (we have a no dog policy stated in the lease.) Sub tenant moved out end of May and I gave primary tenant notice to quit May 28. I received summary judgement in the amount of $1600 by the magistrate as the tenant was a no show for court date. I have not received any rent since May 1st. Constable is coming to evict July 17th. I got a call from tenant's lawyer threatening suit if I hold her security deposit of $750. Must I pay the security deposit even though she has not paid rent since May and I have this judgement against her? Thanks in advance, John. Ps she did receive $400 security from the sub tenant.

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Re: Security Deposit by Greg on July 16, 2012 @15:57	[ Reply ]

If you have a judgement for $1600 then any money she gets back would be subtracted from that amount. This includes any rent until she moves out. Greg in Phoenix

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Re: Security Deposit by Franklin (TN) on July 16, 2012 @16:02	[ Reply ]

The nature of a security deposit is to hold for damages to your unit. Sinec she's not evicted until tomorrow, I'm imagining you haven't seen the unit to assess the actual damages. Why in the world would a lawyer or tenant be demanding a security deposit before they move out? Once you regain possession, go in and see what needs to be fixed. Take those costs out of the security deposit. You must send a security deposit settlement letter to your tenant explaining the reason you withheld any money (unpaid rent is not a valid reason in some states, in some states it is a valid reason. One of the friendly PA landlords here should be able to tell you what state specific laws are) within a set amount of days (Again... state specific. Usually 21 days to a month). Tell the stupid lawyer to F off until his tenant moves out and you can assess the damages done to your property. She'll get a letter soon enough and you're well within your rights as a landlord to keep it until she's gone.

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Re: Security Deposit by Anonymous on July 16, 2012 @16:08	[ Reply ]

She got a lawyer to send you a threatening letter to return the security deposit even though she is still not moved out but didn't have her lawyer or herself show up to court when for the eviction hearing? Some people just amaze me that they still are alive because their behavior and decisions would make one think natural selection would have taken care of them a while ago. You have until 30 days AFTER the tenant officially gives you back possession or the Constable puts them out to return the SD or send out a settlement letter. From that security deposit, you are allowed to deduct for any repairs you have to make due to damage caused by the tenant and any rent due. You can quote the law back to the lawyer with this: Section 250.512.Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Delivery of the list shall be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment-18- of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing in this section shall preclude the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant. So basically, after taking out damages and unpaid rent, a landlord or property owner must send its tenants the list of damages and/or the full or partial security deposit no later than 30 days after the lease ends or when the landlord accepts the tentants? keys to vacate the premises early, whichever occurs first.

Re: Security Deposit by Bryan (Ia) on July 16, 2012 @16:46	[ Reply ]

An actual lawyer would have sent written communication.

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Re: Security Deposit by NY-LL on July 16, 2012 @17:12	[ Reply ]

First of all, the tenant does not receive any refund of rent or security deposit. The landlord is due money from the tenant for the non-payment of rent for the months of June 2012 (non-payment) and July 2012 (eviction). The tenant�s attorney apparently does not have all the facts in the matter. Second of all, the security deposit and court ordered judgment are two separate and distinct matters. The landlord did not specify the purpose of the court ordered judgment, which we will presume included the two (2) months of unpaid rent from the date of non-payment to the date of eviction. The landlord did not specify the amount of the monthly rent and security deposit, which we will presume may have been seven hundred fifty ($750) dollars monthly rent with only one (1) month security deposit, when paid by the tenant. Presuming the monthly rent is actually seven hundred fifty ($750) dollars, then the uncollected court ordered judgment in the amount of one thousand six hundred ($1600) dollars would be sufficient to manage the two month�s of unpaid rent ($1500) plus an additional one hundred ($100) dollars for an undisclosed miscellaneous charge. Generally, the court will acknowledge the landlord�s possession of the financial security deposit in consideration of the court ordered judgment. If such is the case, the tenant is not due any refund of rent or security deposit until the tenant has fully paid the court ordered judgment in the full amount of one thousand six hundred ($1600) dollars, plus any damages deducted from the security deposit. Prepare the security deposit settlement statement as normal deducting for manages, and include the court ordered judgment due to the landlord as an additional unpaid line item. The State of Pennsylvania requires that the landlord issue the security deposit settlement statement within thirty (30) days of move-out, or in this case date of eviction.

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Re: Security Deposit (settlement collection)

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Re: Security Deposit by Jake on July 16, 2012 @17:13	[ Reply ]

If the lawyer could take any type of action against you he would not be on the phone trying to bully you. Tenants do this all the time. Do not let it bother you. If the tenant can not pay rent how will he pay a lawyer. Besides, what lawyer takes a case to court for $750? How much does he expect to get out of that anyway?

Re: Security Deposit by Anonymous on July 16, 2012 @19:03	[ Reply ]

Agree with other posters. Something smells fishy. You are on firm legal ground. Lawyer is a hack or a fake.

Re: Security Deposit by Nicole (PA) on July 16, 2012 @21:09	[ Reply ]

judgment is for $1600 PLUS the constable adds his possession costs . subtract the $750 you are holding and you're out $850ish plus whatever damages you find once she's gone. Hopefully, she's already gone. attempting to garnish wages for this amount isn't worth it. the only thing that is worth while for this small amount is to file it w/the prothonotary in the hopes she'll need it cleared up down the road. If you really feel like being hateful and don't mind spending the money, have the constable execute on her personalty - knowing thta unless she has some really good stuff, it's not worth it. if you know where she banks and when her pay check hits, you can garnish that account but your timing has to be perfect or you've wasted your money.

forgot by nICOLE (pa) on July 16, 2012 @21:10	[ Reply ]

in your next lease, have them waive notice ... there is no need to post a pay or quit notice.

Re: Security Deposit by John-PA-LL on July 17, 2012 @13:49	[ Reply ]

Well the constable got her out today. She took what she wanted and left me a filthy apartment with a heavy sofabed, which she decided not to take, but tore it up with a knife. She also did not leave me a forwarding address. Constable said the security deposit cannot be counted towards the court judgement, and must be refunded within 30 days, minus damages to the apt. I may file for an order of execution in county court, and also file the judgement on her credit report, since I am now a member here. Is the onus on me to ask her for a forwarding address?, or must she provide one to me. I will nonetheless fill out a settlement form with charges to make the place right again.

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