Legal Question in Landlord & Tenant Law in Pennsylvania
Landlord-Tenant Act: Mere Guidance or Law?
I'll keep this short. I complied with the requirements of notifying landlord of moving out, to include providing forwarding address. I waited for over 30 days for him to provide security deposit return or list of any damages. He did neither. On 37th day, I filed claim for return of double security deposit. When case was presented in front of Magisterial District Justice, not only did I not receive ANY of the deposit, but I owed the landlord over $2,000 in damages. I disagree with the damages that he alleges I caused, but the main question is whether even if I had CAUSED the damages, how can the District Justice rule in his favor if the Landlord-Tenant Act is clear in its wording and requirements. The landlord even admitted in court that he failed to provide me the list of damages because he ''was still compiling the receipts [for repairs]''. Do I have a good case to appeal this and win? And what should I be looking for when seeking out a lawyer to assist me in this case?
3 Answers from Attorneys
Re: Landlord-Tenant Act: Mere Guidance or Law?
You should have prevailed. You should appeal and hire an attorney familiar with Landlord Tenant Act.
Re: Landlord-Tenant Act: Mere Guidance or Law?
The statute is clear that the landlord must provide the list of damages within 20 days or he loses his right to sue for them and you are entitled to special damages. I offer free consultations.
Re: Landlord-Tenant Act: Mere Guidance or Law?
No what happened if you just asked for the deposit back you would not be subject to any claim by the landlord. By going to DJ court you revived the landlord right to show you damaged the apartment. 68 PS 250.512(c)
I like my brother attorney offer free inital consultations. So feel free to contact me.
{John}
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