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Category: Legal
Satisfied Customers: 57689
Experience:  Licensed attorney helping individuals and businesses
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Landlord knew we were breaking parts of the lease prior to

Customer Question

Landlord knew we were breaking parts of the lease prior to our 'automatic renewal' are we still legally bound to the lease signed?
Submitted: 8 years ago.
Category: Legal
Expert:  INFOLAWYER replied 8 years ago.
To break a lease the landlord needs to consent in writing. Landlord knowledge alone is not enough. consent needs to be shown and normally done in writing.
Customer: replied 8 years ago.
I see. They are threatening to take us to court. Is there an extent to the amount they can demand? Because what would be owed until the lease is actually up isn't very much at all for what I would assume the trouble would be ~$2800

Also, under Pennsylvania state law they didn't return our secruity deposit over 1mo's rent at start of our second lease year. Would there be anything we can do able that 4 years after the fact?
Expert:  INFOLAWYER replied 8 years ago.
The deposit would roll over if the lease was extended and would not be returned until after you vacate unless applied to damages/rent arrears. Landlord can sue for such damages and often seeks collection costs and legal fees, if permitted under the lease.
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Customer: replied 8 years ago.
I guess I'm a bit confused... From what I've read was for the first yr not more than 2months rent may be a secruity deposit. At start of second year not more than 1 months rent may be kept, and at start of third year we would also (if any) receive the interest on it as well. At least according to my states law, and I realize you might not practice in it.

So basically, since there really were not any damages (we were good tenants!) and assuming normal wear and tear after 5 years on paint and carpet it wouldnt be anything absurd.

I do thank you for the answers, and this will probably be my last reply to this.
Expert:  INFOLAWYER replied 8 years ago.
If you are no longer on the premises and no damages caused, the landlord would need to return the deposit to you and if not you can sue to recover it in small claims court. Now if you owe money to the landlord anticipate a countersuit.
Customer: replied 8 years ago.
Would the landlord need to give us notice within a certain amount of time if there were damages? Perhaps needs painted, new carpet and so on?
Expert:  INFOLAWYER replied 8 years ago.
Yes if deposit not returned the landlord would need to advise within a limited time, usually less than a month, of departure of its intent to keep deposit and why so kept.