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Re: tenant demand letter
by MrDan (Georgia)
on April 26, 2015 @18:13
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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.
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