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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37814
Experience:  Attorney over 16 years, landlord 26 years
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My daughter was in a domestic violence situation and got a

Customer Question

my daughter was in a domestic violence situation and got a restraining order. The apartment complex she lived in with her boyfriend allowed her to move to a one bedroom in the same complex that was more affordable. We asked the judge to order her boyfriend to sign over the security deposit when he ordered the restraining order (for my daughter to help recoup non payment of rent, late charges etc) the leasing company saw damage to the carpet in the old two bedroom apt and deducted it from the security deposit that the botfriend signed over. I told the leasing company that my daughter should only be charged half and to go get the other half from him. after all, he signed over the security deposit, not the responsibility of being responsible. They said basically too bad and to take him to court for the cost. It's not a lot of money but can they do that?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: PA
JA: Has anything been filed or reported?
Customer: um, not sure, they took the $875 from the former apartment that they were leasing together and deducted the carpet damage and gave my daughter the rest. The just specifically ordered the entire security deposit be given to my daughter. I think she should pay half and they should go after him separately for the other half. They said that they are deducting the entire amount from the $875 and she has to take him to court on the outside. I was thinking about getting a lawyer, based on principal. They have been very difficuilt given the situation
JA: Anything else you want the lawyer to know before I connect you?
Customer: OH, I wasn't planning on speaking with anyone, lol. I just thought since the pop up came up, I'd ask..how does this work?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  barristerinky replied 8 months ago.

They said basically too bad and to take him to court for the cost. It's not a lot of money but can they do that?

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Unfortunately the answer is yes because both of them are equally liable for any damages under the legal doctrine of "joint and several liability". So any damages would be deducted from the entire deposit prior to any refund because each of them is entirely liable for all the damages.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 8 months ago.
Thank you. I appreciate the legal response even if it's not the response I was hoping for. At least when I respond back to their email, I'll have the correct information.
Expert:  barristerinky replied 8 months ago.

You are very welcome. Happy to help any time, even though the news was kind of lousy.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have addressed all your questions, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister