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Question

We handed over our keys to our landlords rental agent on 5/1/09 and as of 5/30/09 no security deposit I called the landlord on 5/30 09 and was told by her she was mailing it out to us that day. As of today 5/5/09 we still did not recieve it so I called the landlord today and she stated she had not sent it yet but would go to a branch of our bank and deposit a cashier check which she did but she deducted $150.00. I phoned her and she stated she deducted the amount for two months of late fees. Can she do this since she never told us our rent was late when it was late and without notifying us she was deducting from our security deposit.

Submitted: 171 days ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Pennsylvania

Already Tried:
Landlord lives in CA we are in PA

Posted by xavierjd 171 days ago.

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In order for me to better assist you, please provide your state.

 

Thanks

171 days ago.

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PA

Accepted Answer

Sorry about asking for more information. Originally, your "optional information" didn't show up.

 

Below please find a link to Pennsylvania Tenant Rights:

 

http://tenant.net/Other_Areas/Penn/harris/pa-toc.html

 

Within the Tenant Rights Handbook is a section that specifically speaks to security deposits:

 

http://tenant.net/Other_Areas/Penn/harris/pa-part4.html

 

If you had a written lease, the date that the rent was do should have been spelled out. Further, if there was a grace period allowed after the date the rent was due, it should also be spelled out.

 

If you have receipts of your rent payments, if any payment was late, a late fee should have been added.

 

You can ask to see her books with respect to your rent.

 

If your landlord can prove any late rent, you can agree to allow her to deduct the late fees from the security deposit. But....if not, you can seek all legal remedies available to you pursuant to the Landlord Tenant Act as described above.

 

For your information, a link to the Pennsylvania Landlord/Tenant Act of 1951 is provided below:

 

http://www.parealtor.org/content/upload/AssetMgmt/Legal%20Services/Laws%20&%20Regulations/Landlord-Tenant%20Act.pdf

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can receive credit for answering the question.

 

Good luck to you!

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Expert: xavierjd
Pos. Feedback: 97.4 %
Accepts: 
Answered: 6/5/2009

Attorney

17 years experience in all aspects of criminal law, landlord tenant, family law and small claims

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