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landlord did not refund full deposit

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Old Oct 2nd, 2008, 10:46 AM     #1
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Angry landlord did not refund full deposit

I live in PA. I lived in my apartment for 3 years. According to PA law that I have researched, the landlord is required to return the tenant their security deposit and an itemized list of any charges within 30 days of the termination of the lease. Also, it says that after 2 years, the landlord is required to put the money into an interest bearing account.

Total deposit was $1400. My landlords returned my deposit, minus $685, 31 days after my lease was up and never put my money into a an interest bearing account. I have the envelope with the post marked date, proving it was late. I believe that they severely over charged me to cover updates that they wanted to make to the house. Do I have a case here?
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Old Oct 3rd, 2008, 10:16 AM     #2
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Default Re: landlord did not refund full deposit

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior.
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Old Oct 3rd, 2008, 07:37 PM     #3
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Default Re: landlord did not refund full deposit

Save your money on debating the interest and return date. I'm afraid being one day late will not be considered as a bad faith action on your LL's behalf. The judge is likely to overlook a one day delay, say it was a clerical error in calculating the required return date, or some other idea. It isn't far enough removed from the law to be ruled as contempt.

Additionally, PA state law says he has to put it in an interest bearing account starting at month 25 and pay interest at the end of the 3rd year on. You would only have recieved one year of interest on that money. He can put this in any regular savings account to get less than 1/2 of 1% interest and meet this requirement. (At 1/2 of 1% that would have amounted to $7.) However, PA state law also says he can deduct or subtract a 1% fee for each year he does this, meaning that he would take all of the interest it would have received. (He could deduct $14 for each year it was in an interest bearing account!) The state law does not require him to put it in an account to draw more interest than what he is allowed to deduct as an administrative fee. So there is no use in disputing these items.

What you should be disputing however, is the individual, itemized charges he sent you in that statement. Write him a letter detailing exactly why you do not owe each charge, or why you owe less than what he charged you. Include evidence to prove it. (Such as quotes of prices for that item from a local store, a copy of the move in inspection showing it was already in that condition, etc.) Send this to him by certified mail and keep a copy. Give him 30 days to respond, then file against him in small claims court asking for the entire deposit back.
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