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Security Deposit Issues - Landlord Forum thread 358593

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Security Deposit Issues by Viktor on September 19, 2018 @11:36

In Dec 2015, I signed a year lease with my current landlord for an apartment in Pennsylvania. The lease was to become month to month after expiration. The rent was $700 per month and I paid an additional $700 for a security deposit and another $700 for last month's rent.

Recently, it's come to my attention that my landlord hasn't been following the law regarding my deposit.

As I understand, in Pennsylvania, during the first year, a landlord may hold up to two month's rent as a deposit against potential damages or non-payment of rent. A "security deposit" and "last month's rent" are considered the same.

After the first year, a landlord must return any portion of the deposit above one month's rent. My landlord should have returned $700 to me, but hasn't.

After the second year, a landlord must put any deposit over $100 into an account and provide the tenant, in writing, the location of the account and the amount. He hasn't done this either.

Any interest on the deposit, starting in the 25th month should go to the tenant, minus 1% that the landlord may keep. Since that's to be paid annually, he hasn't needed to do that yet, my third year ends in a few months.

I've had a generally good relationship with him but he has seemed a bit shady. He has multiple rental properties and I find it unlikely that he is unaware of the law.

How should I approach this situation? I fear that he will retaliate against me for wanting that part of the deposit returned.

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Re: Security Deposit Issues by LAMAC66 on September 19, 2018 @12:45 [ Reply ]
Approach him in the same manner you have written on this forum. Be sure your understanding of the law is indeed correct.

I would seek legal aid in your area as well. As far as retaliation just be sure you have facts that can prove that. Your payment history and any communication you have had with this landlord.

Thats how I would approach this. Good luck.
Re: Security Deposit Issues by lpadave on September 20, 2018 @13:04 [ Reply ]

first please realize this is a landlord site.

youve been living there approaching three years on a month to month. if you like it and the rent is reasonable and your landlord is decent and takes care of the property,..... don't rock the boat. WHY would you want to ?? I agree that the landlord does or should know the law if they own multiple properties. Your OPINION of your LL as a bit shady, is just that,... an opinion.

if your being treated fairly and both of you are ''living the agreement''----that's a good relationship.

worst case senario, is when you move out your LL may rip you off for what you believe are excessive deposit deductions. Most leases provide for security deposit increases when the rent goes up,....your LL apparently has not done that in the last three years. with regard to interest-- at one percent it would be $14. per year, and by the book it would be taxable ordinary income to you!

or are you perhaps just trying to find ''reasons'' ??

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