In general the is the case but I do not have the specific citations on hand and would have to do research regarding the specific case law. This would be an additional service that would cost additional funds if you are interested. This is no something you can simply google and I would have to research this on a paid service such as westlaw or lexus nexus. Hence the additional charges. Is that something you would be interested in?
The best I can do from google:
https://www.landlordology.com/pennsylvania-landlord-tenant-laws/ (see below for specific statute citations)
Within 30 days, landlord shall provide a tenant with a written list of any damages to for which the landlord claims the tenant is liable, along with a refund of all remaining deposit funds. (68 P.S. §§ 250.512)
Any landlord who fails to provide a written list within thirty days, the landlord shall forfeit all rights to withhold any portion of the deposit, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises. (68 P.S. §§ 250.512(b))
If the landlord fails to return the remaining deposit, after withholdings, within 30 days, the landlord may be liable for double the deposit amount plus interest. (68 P.S. §§ 250.512(c))
http://www.martindale.com/bankruptcy-law/article_Blank-Rome-LLP_62674.htm This language:
"The landlord responded to tenant's termination letter with his letter in which he declared the lease terminated, instructed the tenant to surrender the property and invoked the rent acceleration clause. The court found that the landlord did not intend by that letter to release the tenant of its obligations under the lease for future rent.
The lease contained customary provisions obligating the tenant to keep the premises "in a clean and safe condition," and obligating the tenant to restore the property upon termination "in as good condition as when tenant entered into possession. . . "
"On the tenant's argument that the landlord could not recover damages because it accepted a surrender of the property, Black made it clear that surrender could only be accomplished by the agreement of both parties, and unless the landlord accepts the tenant's surrender, "the surrender does not terminate the tenant's obligations under the lease." Whether there has been an acceptance of a tenant's surrender is primarily a question of the landlord's intent. In the landlord's letter, he had made it clear that he was not releasing the tenant from any further obligations under the lease. In addition, bringing in the new tenant and permitting renovations for that tenant is not an acceptance of surrender if the landlord's purpose is to protect the property or to mitigate the damages from the tenant's breach of lease.
The court held that a lease may not be rescinded by the decision of the tenant alone. That tenant cannot relieve itself of the obligation to pay rent by simply vacating the property and notifying the landlord that the lease is terminated. "Yet that is precisely what Tenant has attempted in this case. Tenant vacated the Premises and with its letter of June 18, 2002, declared the lease terminated as of June 30, 2002. This unilateral attempt to terminate the lease was ineffective."
The court stated:
Clearly, the parties could not have intended that the mere presence of mold would give either of them a right to terminate the Lease. If that interpretation were to be adopted, no lease would be safe because the appearance of mold is a very common occurrence in buildings. That is the very reason why most property insurance policies contain exclusions from mold."
The landlord then followed up with a second letter notifying tenant that he had secured another tenant and that the rents from this new tenant would reduce the landlord's damage claim against the tenant. The new tenant, soon began occupying the property, but was granted a rent abatement for the first two months and a rent reduction for the next five months, because of renovations it was making to the property. The new lease was month-to-month. The dispute is over whether the landlord can recover over $400,000 in accelerated rent, which is net of a credit he was willing to give to the tenant for rent paid and renovations done by the new tenant."
Here is some case law in general for PA: https://clsphila.org/sites/default/files/issues/Landlord%20Tenant%20Summary%20of%20Frequently%20Cited%20Case%20Law.pdf
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