Can my pennsylvania landlord withhold my security deposit if my apt was really messy when she was showing it?

Question

Moved out June 24 (pennsylvania). Move out date was June30 (was doing my landlord a favor so she can re-do bathroom.)

Called her July 17 and she says she is not giving any of my security deposit ($1000) because the 60days prior to my moveout, the apt was "filthy" (I procrastinate laundry/dishes/vacuuming when work gets busy). When I moved out, I got the apt professionally cleaned - it was pristine.

Can she do this!?? She never even mentioned to me that she cannot show the apt because it was "filthy" until July 17!

Thanks!

Answer 1

Most state laws favor the tenant...and they really favor the tenant when it comes to the deposit...If as you say, the apt was cleaned by move out date of june 30th.....you need proof (did you do an exit walk-thru on the 30th?).....You have rights but you must exercise them.

Further, the apt was NOT HERS to show w/out your approval or proper notice to YOU prior to the 30th. If she had notified you or asked, you would have told her not to because of whatever, well within in your tenant right to do so.

She is so violating state law....google your state and landlord/tenant laws and you will see.

Here is AZ, if the landlord violates the deposit rules - the tenant gets "double" damages back!!!

Start pursuing.....again, most states have a specific criteria for holding deposits and timelines to be met.......living there as a slob is not a valid or legal reason to keep your deposit.

Don't be intimidated by small claims - most have days specific to landlord disputes....start w/ your secretary of state website....here in AZ, all the pleading forms are right there. goodluck!

Answer 2

A security deposit is taken in the event that if the renter leaves the apartment or house in a state of filthiness (sp?) or disrepair such to an extent that the landlord has to spend money to make it right.
If, when you left the apartment it was "pristine" she has no right to hold your deposit. Normal "wear and tear" cannot be recouped through a security deposit. (A normally worn carpet for example). But damage cause by negligence or abuse can be. (If your fish tank popped and flooded the place and the carpet got trashed).
Unless there is something SPECIFICALLY detailed in the renters agreement with direct regard to the state of the apartment when showing to potential renters..she has no right to hold your deposit. This is HIGHLY unlikely as most landlords use boiler plate agreements and that type of legal language just isn't the norm.
The bad news is unless you can come to terms with her..and it sounds like that ship might have sailed..you'll have to sue her for it in small claims court. Then it'll get down to he said, she said, unless you have decent before and after pictures to refute any claims she might have. My gut is she was pissed about the place being desheveled when she showed it and is just being spiteful.
Good luck. I would take a trip..maybe even two, back to the well and see if she can be reasoned with before you go to court. The last thing you need in your life on top of losing a grand is a lawyer.

Answer 3

I would say no. She shouldn't show the apartment until after your move out day. Of course, this is different in every state.A lot of apartment buildings will make excuses to keep your deposit no matter what, and will only return it if you fight for it or threaten them with small claims. I hope you took pictures of the apartment as you left it, because that can help you get back your deposit in court. Also a receipt of the professional cleaning you paid for. You will also need to read over your lease and see if there are any clauses that state they are keeping the deposit for any "made-up" reasons. Somewhere in the lease if should state when and how the apartment must be left. If you meet all of those guidelines then I would defiantly ask them personally, with the evidence in hand, how they can justify keeping the deposit.
If their reasons are all BS, then file a small claims against them, it is normally under $100 in most states or hell, call Judge Judy.

Answer 4

I have never heard of that before. If the apartment was perfectly clean for the next tenant, she isn't out any money because she didn't have to have it cleaned. So it doesn't make any sense. If the tenant accepted the apartment as it was, and the landlord had no excessive cleaning or repairs to do after you left, then she has no right to keep your money.

Answer 5

It depends on the contract you signed. If you have to keep the apartment clean because it will be shown she might be able too by arguing that your dirty apartment lost her a future customer. I don't think it's fair at all, but there isn't really much you can do about it.

Answer 6

Here is your laws in pennsylvania on landlord tenant rights...