Thursday, April 24, 2014

I moved out of a home over 30 days ago and my landlord has not returned my security deposit nor has he given me a written notice of the reas...

Question

I moved out of a home over 30 days ago and my landlord has not returned my security deposit nor has he given me a written notice of the reason why he is holding the deposit. I gave 30 day notice with forwarding address. and just recently sent them a letter asking for the deposit back within a week. I sent this certified mail for proof I am trying to contact and settle this out of court. I was told by a housing advocacy agency that if I would file a complaint in district court and only request the initial deposit and filing/service fees be refunded that my landlords cannot speak on their defense since they violated PA law and our lease. If I asked for double the security deposit they can have defense and appeal. I cannot find this in writing anywhere. Please direct me as I want to settle this efficiently and avoid going to common pleas court, in which case I would feel that a legal representative would be needed. Thank you.



Answer

Yes if you notified the landlord of you new address then he has 30 days to refund the deposit. If he doesn't you can take him to the DJ and get your security deposit back plus your filing costs. Under the law you could ask for double your deposit back.but if you do then you landlord can ask for damages which he can't if you only ask for the deposit back. The good news this is something you can do yourself., An attorney wouldn't be cost effective. The problem is for about $200 the landlord can take you to common pleas. Then you have 20 days to file a complaint in Common Pleas court. Not something you could do on your own. However, i call me we can discuss how to handle it on on a more cost efficient basis.

John



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