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AttyHeather, Attorney
Category: Landlord-Tenant
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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The condo I rent has been sold in "as in"

Customer Question

The condo I rent has been sold in "as in" condition. Can my landlord with hold any of the security deposit for repairs?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  AttyHeather replied 1 year ago.

Hi, I'm Heather, an attorney with 15 years experience, and I'll be assisting you for informational purposes. Even if the condo was sold "as is," the sales contract is a contract between the buyer and the seller. You are not a party to that contract. The contract that relates to you is your rental agreement, which is probably now assigned to the new owner. If your rental agreement states you can have your deposit withheld for damages, then it can as stated in the rental contract.

Customer: replied 1 year ago.
I have to move. The new owner is moving in here. I'm worried that the former landlord has promised to fix something that is not my fault.
Expert:  AttyHeather replied 1 year ago.

If there was something that was not your fault, then hopefully you documented it in the move-in checklist so that you would not be charged. If you did not document it, you placed yourself at risk of being charged, but you can still talk to the landlord and state that you did not do the damage.

Expert:  AttyHeather replied 1 year ago.

Penn. is an at will employment state. Therefore, unless they discharged you for a protected reason (such as discrimination based on race, sex, religion, national origin, etc.), you wouldn't have any recourse, because just as you can quit at any time without recourse, in an at will employment state, the employer can also fire for reason as long as it is not an unlawful reason. Your former employer's reconsideration of your criminal record is not an unlawful reason to terminate the employment. However, if you can posture the termination of the employment in terms of violation of your federally protected rights (race, sex, national origin, religion, color, age, disability, or, now, genetic information), then you might have a case for wrongful termination. Hope that helps. Please issue a positive rating if so!

Expert:  AttyHeather replied 1 year ago.

Hi, I'm Heather, an attorney with 15 years experience and I'd like to assist you for informational purposes.

This is a contract issue and if the contract is clear on what is to occur, then that is your answer. If the contract states that you are to give written notice within 30 days of any repairs, then no, the walk-through would not substitute the written notice. If the contract is clear on this issue, then it will be difficult to convince a court that no written notice was required if the contract clearly stated it was. I suppose if the owner specifically told you that you did not have to give him the written notice because you were doing the walk-through and verbally noting the problems, then you could sue him for fraud, but that would be different than breach of contract. You could also sue him and you could assert that he told you that no written notice was required and that he therefore, waived the written notice requirement. I hope that is helpful.

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