Legal Question in Landlord & Tenant Law in Pennsylvania

I kept the security deposit

I own for a college rental. The lease specifies no pets. A tenent brought a dog for the summer and even had it in the house against my wishes. I have pictures of the dog in the house and email from her confirming the dog.The lease specifies loss of the security deposit if any or all of the lease is broken. I returned $50 of the $300 to the tenent. She is now suing for the remainder. Have I overstepped any boundaries. I don't have to prove damages, do I? This seems so simple. She broke the lease. I'm wondering what I'm missing. Thanks for your help.


Asked on 10/08/04, 10:45 pm

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: I kept the security deposit

68 Pa.C.S. Sec. 250.511a (f) states (f) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable. Section (a) states No landlord may require a sum in excess of two months' rent to be deposited in escrow for the payment of damages to the leasehold premises and/or default in rent thereof during the first year of any lease. If there are no damages you might loses. In my opinion, the violation of the lease would have given you the right to evict the tennant but does not give you right to hold the security deposit.

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Answered on 10/09/04, 9:47 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: I kept the security deposit

I agree with Attorney Johns. You had no right to keep the security deposit because of the dog. Security deposit is for unpaid rent and/or damages...not for liquidated damages on a breach of a lease provision. You are also in a position of perhaps owing your former tenant double of the unreturned amount of the security deposit because the law requires that you either return it to her or provide a list of damages and amounts deducted within thirty days of the termination of the leasehold. Since you did not provide a valid reason for withholding, you may now owe her $500.

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Answered on 10/10/04, 1:42 pm


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