Pa LL Security/GarageOpeners/Possession?

Tenants gave me a 30 day written notice that they were moving out. Move out was August 30th,2008. We agreed that the water bill for the prior month and last reading would be taken out of their security. They left the keys(minus 1 key) and did not leave the garage door openers(2). I have contacted them about this several times and they told me that they would mail them out. I didn't recieve them as of September 25th so I called again and got their voice mail so I left a message for them to get in contact with me and they didn't. I ordered 2 garage door openers and was deducting them from their security. Does this mean that I could hold thier security for the month of september because they still had possession? October 7th in the mail They sent me the openers. Too late now. I have new openers now had to chage reciver code and ready to get new tenants.THANKS

If their move out was August 30th, you should have had their deposit statement back to them by September 29th (within 30 days as required by PA law). Had you followed this, you would have already subtracted the openers from the deposit and sent the statement back to them. Why wasn't this done? I would have done a deposit statement itemizing damages beyond wear & tear, deducting for one key and the 2 new garage door openers, and sent it to them with a check for the remainder and any interest they were owed before that deadline.

If you have not done this yet, you are not complying with the law. You should now return the deposit immediately. Don't deduct for the openers because you have now received them. (Had you done this on time, you wouldn't have received them by the time you sent it back.) And hope that they don't challenge the deposit statement because you may not be able to take any deductions at all. Your law states:

Section 250.512. Recovery of improperly held escrow funds
(a) Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Delivery of the list shall be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing in this section shall preclude the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant.
(b) Any landlord who fails to provide a written list within thirty days as required in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises.
(c) If the landlord fails to pay the tenant the difference between the sum deposited, including any unpaid interest thereon, and the actual damages to the leasehold premises caused by the tenant within thirty days after termination of the lease or surrender and acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the amount by which the sum deposited in escrow, including any unpaid interest thereon, exceeds the actual damages to the leasehold premises caused by the tenant as determined by any court of record or court not of record having jurisdiction in civil actions at law. The burden of proof of actual damages caused by the tenant to the leasehold premises shall be on the landlord.
(d) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable.
(e) Failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises
shall relieve the landlord from any liability under this section. (f) This section shall apply only to residential leaseholds and not to commercial leaseholds.

So unless he didn't give you a forwarding address, you're not entitled to deduct anything now, and may be liable to the tenant for 2x the deposit in penalties for failing to follow the law. Return that deposit NOW! Don't deduct for the month of September or the openers. And in future, learn your state law and follow it before it harms you. The penalties for not following the law in your state are heavy.