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Re: No Rent Paid - When Can I Dip Into Their Sec Dep? - Landlord Forum thread 360844

Re: No Rent Paid - When Can I Dip Into Their Sec Dep? by Garry on September 16, 2020 @20:32

                              
To my knowledge, nobody in any state can "dip into" a tenants security deposit, until after you have legal possession back. At that time, you can figure up any rent owed you, total up any costs for damages they left you, and probably any legal costs you incurred in evicting the T.

Subtract their deposit from that figure, and you may find they owe you several thousand dollars more. Then the choice will be yours, to decide if you want to take the former Ts to court to try to win monetary damages against them.

Just remember to get the SD statement out within 30 days after you have possession back. And if you go all the way thru with your eviction process, you may not get back "legal" possession until the day all their personal possessions are put on the curb----that's when your 30 days start.
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Re: No Rent Paid - When Can I Dip Into Their Sec Dep? by Jason on September 17, 2020 @00:37 [ Reply ]
Thank you for your expertise, Garry.

In PA, Notice to Quit (or Pay or Quit) has to be posted for 10 days. Then you can file for eviction (which I did on 9/16). Once we have a hearing, if I win, then I have to wait an additional 10 days, file additional eviction, and if I win that hearing, a Constable is then scheduled to perform LOCK OUT.

In my opinion, this drags out for entirely too long. But, it is what it is. I'd rather have a vacancy than a bad tenant.

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