I am preparing the itemized list of deductions that I am making to her deposit. Can I charge her for those past repairs now or did I forfeit them for some reason. I told her during the final inspection that I was going to deduct those from her deposit. She wasn't happy.
Thank you for your assistance.
Recently, it's come to my attention that my landlord hasn't been following the law regarding my deposit.
As I understand, in Pennsylvania, during the first year, a landlord may hold up to two month's rent as a deposit against potential damages or non-payment of rent. A "security deposit" and "last month's rent" are considered the same.
After the first year, a landlord must return any portion of the deposit above one month's rent. My landlord should have returned $700 to me, but hasn't.
After the second year, a landlord must put any deposit over $100 into an account and provide the tenant, in writing, the location of the account and the amount. He hasn't done this either.
Any interest on the deposit, starting in the 25th month should go to the tenant, minus 1% that the landlord may keep. Since that's to be paid annually, he hasn't needed to do that yet, my third year ends in a few months.
I've had a generally good relationship with him but he has seemed a bit shady. He has multiple rental properties and I find it unlikely that he is unaware of the law.
How should I approach this situation? I fear that he will retaliate against me for wanting that part of the deposit returned.
1. I'm advertising on FB, Cozy, Zillow, Craigslist. I will get a notification, I will reply back asking some pre-screening questions (i.e. income, credit, move-in date). They never come back. I notice if I get a notification via FB (message), I have to ask question after question to get the pre-screen information. I'm not asking in an obtuse manner, I'm even telling them I ask these of all tenants. They sometimes stop answering or say they will get back to me. The even worse thing is they would message me via FB with "is it available" I would reply back with "Yes", they would never send anything back, it just goes dead...
2. I setup 3 viewings on Monday. I tell them that I work in DC and if you can't make it let me know. I only get one person showing. The other two have no response to emails/calls. I know they are avoiding my call!!! The irritating thing is one person actually sent me a notification that they are interested in it a few weeks after they did a no-show. I was about to send her an email indicating "if you can't show up how do I expect your rent to show up?". I emailed her indicating that she didn't show to the previous showing we scheduled, therefore let me know if you are "truly" interested.
3. I had this desperate person who messaged me via FB, she passed my pre-screening questions. I then asked for her Phone Number, she sends me her phone number and I began to call her. I called that number the next day. I then messaged her that we need to speak before I can proceed. She indicates to me that she's busy. I then contact her again based on a prearranged time, it still goes to VM. At that point she sends me a message saying she can send me her paystubs??????? I then think this person is full of shit and leave her alone, mainly because she seems so desperate that there is likely something wrong with her. She then notifies me saying she's sorry but the phone number was 123-456-7899 not 123-456-7890 (meaning she gave me her wrong number). I left her along and didn't respond. I was about to respond with "if you can't provide me with your correct phone number the first time how can I depend on you with the rent".
4. The viewings I've had seem to go positive, they make nice comments as they roll thru each room, I follow behind them and tell them a little about the place. Then at the end I provide them a paper application, I'm of course using the long-ass Landlord-LPA app, they don't want to fill out that thing here, so I provide them the pdf fillable version, they never send it back.
5. One couple I showed text-messaged me a day after the viewing indicating they are very interested and want to know if I could send an app (I had already sent it). Well, she replied back to the email indicating that she had received it and she never sent it back!!!
After she moved out we starting learning more from the neighbor: unreported broken appliances (we have a warranty service), unreported litters of cats (she told us she had 2 neutered cats and 1 small dog), unreported subletting of rooms (one tenant smoked and the other had a ferret). On top of that, we learned that the tenant has been a danger to herself and her young children and was reportedly involuntarily committed a couple of times, which resulted in loss of child support.
We contacted her current employer to verify if she is still working there, but they referred us to Equifax and her colleague told her that we called. Several DE lawyers told us they couldn't help us b/c of conflict of interest with her employer (large mortgage company).
My questions: how do we pursue a debt action if we can't find a lawyer? Also, she may or may not be employed so is it even worth it to hire a lawyer (and dig ourselves an even bigger financial hole) if she turns out to be judgement proof (eg, already wage garnishment on her record) or if she is not employable due to her purported disability and has no income/assets.
Lastly, since we did not go through the Justice to get a summary possession and she voluntarily left, how soon can we dispose of her abandoned property (our agent stated that it looked like a hoarding situation with cats still living inside the house)?
Thank you for any advice or feedback you can provide. This has been a nightmare so please be kind; we acknowledge our naivete.
From the FHAA Federal Housing Authority:
[Landlords are required to accept ESA requests] unless doing so would impose an undue financial and administrative burden or would
**fundamentally alter the nature of the housing provider's services.**
Granted this might not apply to the majority of situations, but for a small percentage of landlords going after the "low allergen market" it seems pretty solid!
Ok, so lets say a landlord had a building that was specifically marketed towards tenants who have allergies. When they bought the building, during renovations they tore out carpeting, hepa vacuumed as much trace of any previous pets in buildings, removed and replaced subfloor where needed, ran hepa filters, painted walls, etc etc. Maybe
even hired allergy consultants to measure allergens. The end result is lower rates of pet dander and allergens in the buildings.
Surely they could market this as a "reduced allergen" apartment (or in case of new construction actually claim "no pets have ever lived here") and there would be a solid niche market of folks who suffer from allergies who would love to live in a unit like that!
Now since the landlord had undertaken renovations to create a low allergen place to live, marketed their building as such - being forced into accepting an ESA would "fundamentally alter the nature of the services provided" and thus allow them to legally decline the request!
You would need proof (pics) of renovations, of marketing to "reduced allergen living", and possibly letters from any tenants & their doctors stating that said tenants are indeed impacted by allergies and that is one of the big reasons they chose to live their.
Why has no one tried this, surely there must be a few buildings in this situation!! Legally speaking, is this a solid defense? Why or why not? What am I missing here?
1. If tenant sues landlord does the landlord have to appear in person to Nj?
2. If landLord sues tenant, can she file in her local court in CA? Or she has to file in the court where the property is located?
3. It has been more than two months post lease end date, can she bring in anymore new issues beyond what has been submitted formally within 30 days of lease ends.
For more information click the link below ...................
I want the unit removed!!!! Can I legally contact a demolition company and have them remove or tear down?
I am a landlord and a third party and dont have any ownership interest in the rental properties. A judge is weighing on a decision regarding the property manager is or is notheld liable to the Property owners/landlords decision regarding if they approve/deny repairs, decisions about lease termination, and so on. Does anyone know of a case that I could use? As of right now, a free legal for the tenants is trying to make a law that says property managers are 100% liable for actions or inactions that landlord/property owners regarding approving/denying repairs. (I'm sure Many property managers here would really want to avoid this slippery slope issue)