Re: Can the landlord collect damages after 30 days?

Re: Can the landlord collect damages after 30 days? by Lisa Richards (Pennsylvania) on January 15, 2013 @02:09

I live in Pa and this is what it states in the Landlord Tenant Act.

Section 250.512. Recovery of improperly held escrow funds
(a) 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.
(b) Any landlord who fails to provide a written list within thirty days as required
in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow,
including any unpaid interest thereon, or to bring suit against the tenant for damages to the
leasehold premises.
(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.
(e) Failure of the tenant to provide the landlord with his new address in writing
upon termination of the lease or upon surrender and acceptance of the leasehold premises
shall relieve the landlord from any liability under this section.

Yes, I believe I am right from what I read. Thank you for all the replies. I expected to be criticized as well since this is a landlord forum. Keep in mind that you do not know me or my landlord so you can not judge me or my situation.

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Re: Can the landlord collect damages after 30 days? by Nicole (PA) on January 15, 2013 @09:05	[ Reply ]

without seeing your paperwork, you weren't sued under these statutes - you were sued under a regular civil suit, which is the appropriate forum for damages POST eviction. When the landlord files for eviction in pennsylvania, they cannot "guess" the dollar amount of damages once the tenant is gone - no matter what they actually "know". The tenant leaves. Landlord deducts rent & damages from the security deposit and sends the tenant a breakdown of the deposit disposition. Many times, the landlord will have additional damages beyond the amount of the security deposit. They sue you in civil court for this. They have already done so AND WON.

Re: Can the landlord collect damages after 30 days? by OK-LL on January 15, 2013 @10:47	[ Reply ]

In accordance with this section of the statute, a few things have to have happened before the LL can sue you for damages to the rental. 1. You must provide the LL with your new address in writing upon termination of the lease or upon surrender of the rental. Failure to do so relieves the LL of any obligation under this section. And this is where you failed, FB is not "in writing", it is electronically transmitted and does not satisfy the statute. Had you provided him with your new address in writing, he would have had to: 2. provide you with an estimate of damages within 30 days to preserve his right to sue you for them in the future. But he didn't have to do this because you failed to meet your obligation in the first instance. Why didn't you simply have the repairs made while you were in the rental, rather than waiting for the LL to find them? The preliminary walkthru is to identify the damage and give you an opportunity to repair them, not for you to get estimates and slink away without taking action. Too late to cry "unfair" now.

Re: Can the landlord collect damages after 30 days? by OK-LL on January 15, 2013 @10:50	[ Reply ]

"Keep in mind that you do not know me or my landlord so you can not judge me or my situation." The circumstances speak for themselves, we don't need to know you or your LL to see that you tried to walk away from your obligation after you damaged the LL's rental, otherwise you'd have repaired before you left.

Re: Can the landlord collect damages after 30 days? - Landlord Forum thread 274601