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tenant demand letter - Landlord Forum thread 334133

tenant demand letter by Anonymous (pa) on April 26, 2015 @04:22

                              
former tenant moved out end of february, just recieved a demand letter from them about security deposit. they are demanding 2x the security deposit or they are threatening to take me to court for 3x under the unfair trade practices and consumer protection law because i did not give them a list of deductions with the security deposit. is it smart to settle for 2x what i owe just because they might win 3x if i go to court? what kind of stupid law lets you sue for 3x what you are owed?
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Re: tenant demand letter by Becky (IN) on April 26, 2015 @07:19 [ Reply ]
A quick review of PA's landlord-tenant laws (found through the Landlord Tenant Laws link in the right column of this page) says that the landlord may be fined TWICE (not three times) the security deposit if the Security Deposit Settlement Statement and refund (if any) are not mailed within 30 days.

If you want to succeed as a landlord, you need to know these laws inside and out, and then follow them. You left yourself vulnerable by not sending the SDSS, and again by not knowing the penalties for failing to do so.

I don't have properties in PA, but just from reading the law, it seems like your tenants would be awarded twice the deposit in court.
Re: tenant demand letter by Anon E. Mouse on April 26, 2015 @10:10 [ Reply ]
Well, according to PA law, you have to include in the settlement statement a written list of all the damages you are claiming. You screwed up. Now, not only do you have to give them all of their deposit, but you also can't sue them for damages.

That said, the double-damage provision only applies (as I read it) if you fail to pay the remaining balance. You did that. It does not appear to apply to the written list of damages. So you return the rest of their deposit, and chalk it up to a leaning experience.
Re: tenant demand letter by Mike on April 26, 2015 @10:52 [ Reply ]
The only thing stupid is your lack of knowledge of your state landlord tenant laws. The failure of not complying with the security deposit law will result in the landlord being prohibited from any claims for damage, double the amount of monies withheld, court cost and attorney fees with often far exceed the original security deposit claim.
They threatening to sue you under the states Unfair Trade Practices and Consumer Protection Act as that provides greater penalties against the landlord. You should work this out asap as the total amount can double or triple if you wind up in court!
Re: tenant demand letter by Garry (Iowa) on April 26, 2015 @11:24 [ Reply ]
Questions : How much was the deposit, did you give any of the deposit back , and when did you send the letter out in relation to the date they moved out ? A judge is only going to "hammer" you if you did NOTHING about their deposit. If you were just late on getting out the letter, and just stated 1 amount, without itemizing the deductions, then, (in my opinion) a judge will probably make you give back their full deposit, or "maybe" 2 times the amount, but not 3x. I think you should just send back the remainder of their actual deposit, and if they try to sue you, there is nothing you can do about it. If you do go to court, treat it as an educational experience that you had to pay for, just like buying books and tapes about Landlording.
Re: tenant demand letter by b on April 26, 2015 @11:33 [ Reply ]
As Mike said, they are saying they will sue you under the unfair trade practices and consumer protection law since you failed to follow the state security deposit laws of PA.
If this happens, you are barred from any counter claim and from seeking any damages because you did not follow the law. You will have to hire an attorney to defend you which will be more money going out. You should settle this with the ex tenants and learn the correct procedures in handling security deposits as this might not be the only stupid thing you may have done. Ignorance is no excuse under the law, the judge expects the landlord to know them.
Re: tenant demand letter by Anonymous (pa) on April 26, 2015 @13:49 [ Reply ]
so there is an actual legitimate risk that i could be ordered to pay 3x the amount if i refuse to settle for the 2x?

i did not even get a chance to do the inspection and the tenant did not ask to even be present for an inspection so isn't it partly their fault that the inspection can not even happen so i can not even assess the damage to the property?
Re: tenant demand letter by anon on April 26, 2015 @17:28 [ Reply ]
What is your issue with adhering to the law? Treat them how you would want to be treated--I'm sure I've heard that somewhere.
Re: tenant demand letter by MrDan (Georgia) on April 26, 2015 @18:13 [ Reply ]
That stupid law that you referred to is the Unfair Trade Practices and Consumer Protection Law (UTPCPL).

Unfair Trade Practices and Consumer Protection Law, Section 201-9.2 provides that "the court may in its discretion, award up to three times the actual damages sustained," plus cost and reasonable attorney fees.

Also under the UTPCPL, allows additional fines and penalties up to $5000 per violation. The State Attorney Generals Office can also levy fines and penalties of a $1000 per violation for fraud.

Under Pennsylvania law, a landlord must return the tenant's security deposit and/or accounting within 30 days after the tenant has surrendered the rental property to the landlord. You seem to have exceeded that time and by default have lost your right to claim any damages under the PA Landlord Tenant Act.

The former tenants have chosen, if needed, to pursue their security deposit claim under the UTPCPL as it allows for 'Triple' damages where under the Landlord Tenant Act, they would be limited to 'Double' damages.

If they do indeed file under the UTPCPL, the cost of settlement could easily exceed $5OOO or more.

Re: tenant demand letter by altagracia on April 26, 2015 @18:26 [ Reply ]
see how you can reach an agreement between that tenant and you before she take you to court.
I thinks it is never too late if both of you can reach an agreement.
Once a mistake is made, you will experience frustration but next time you will do better.
Re: tenant demand letter by Daniel (CA) on April 30, 2015 @13:58 [ Reply ]
they seem like professional tenants that know the law and have used it before.
If you sent nothing ( which is my understanding ) then you violated the law and owe 2X. imo
In California, you can send an estimate within the time limit and then send a final statement within 14 days of getting a final receipt. So this answers your question about if you didn't finish yet.

Even if you pay 2X they can still sue you; if you don't handle paying the 2X properly.

I would consult an attorney to protect yourself.
Re: tenant demand letter by Stephen (WA - Washington) on April 30, 2015 @15:40 [ Reply ]
I once was late sending the SDSS (I had sent it but a couple days late). Tenant filed in small claims court for not only the balance but additional costs. I spoke with a lawyer who advised that our state allows virtually no excuses for not sending the letter on time and that I could get hit with penalties. Her advice was:
- Send balance of security deposit.
- Also refund their filing fee for small claims court.
- Chalk this up as a learning experience.
- Get all future letters out on time.

I did all those items. Tenant dropped the small claims case. And I have never again been late. Sometimes I have to go with a best estimate of the cost and then a follow-up letter with the actual costs (reimbursing any excesses I withheld), but the initial letter has never been late.
Re: tenant demand letter by EVELIA VELA (TEXAS) on May 19, 2017 @12:57 [ Reply ]
I am requesting the rest of my deposit from 580.00 to the reminding balance of 230.00 Date of move out and give notice 30 days give keys back on time , in advance moved on 03/01/2017.

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