Can someone who is allowed to practice in Pennsylvania please answer this question!?

Question

I am currently in the process of moving. I informed my current landlord that I was going to be out by the 1st of March. They told me that I could just use my security deposit as payment for Feb. rent, my mistake was not getting it in writing. They now want their rent, I have got most of my personal belongings in a storage unit, however to avoid conflict with him I have been getting what was left out in the morning before going to work. He can be very nasty. I went there this morning and they locks have been changed, I called his wife and basically they are holding my stuff ransom and said that since the electric was taken out of my name they felt they had the right to do this. I did request the change of the electric, but they changed it earlier then I rquested, the phone is still on in my name and I have some personal belongings in the home. I am afraid that if I push they will just throw my stuff in the trash and then I am screwed. They did not get an eviction or a notice to vacate

I did request the change in the electric out of my name, but they were not supposed to do that yet

I informed them at the begining of Feb. that I would be moving. There is no lease agreement.

MrTexan in the state of PA they are not allowed to sell your items and they are not allowed to change the locks. This is why I was specific when I asked for someone that knows PA laws. Futher more they are not allowed to hold items for ransom. The only way that I know of them being allowed to do this is after you have been evicted and you leave items behind and do not claim them.

Answer 1

You do not have to practice law in PA to know they are violating the landlord/tennant lease laws of the state. They have NO right to change the electric bill, the account was in your name and only you or your authorized agent can make that change. They may have made the call posing as you, if so thats fraud and a criminal offense. If you are current on your rent to date, they cannot hold your stuff ransome, in fact they cannot do that even if you are late without giving you due notice. They are also required by law to give notice that you are being evicted. I'd contact Governor Rendells office and that of the local Attorney General and file a complaint or at least ask who to contact that handles tennant landlord issues such as this. You may be able to go to court and get an order that they must allow you to move your things out. You take that with a local police officer and a few friends with trucks and serve that puppy....

Answer 2

In your rent contract (i.e. lease agreement), there would have to be a stipulation that you tell the landlord IN WRITING in advance that you are going to be moving, and/or not renewing the lease. As you've noted, you probably also had the requirement to deliver a 'security deposit' when you took the place.

Question 1: Did you give the landlord sufficient advance WRITTEN notice? The requirement could have been listed as anywhere from 14-90 days in advance of the actual end date. If you haven't written it down, you have nothing to prove your case. If you didn't give them sufficient warning (per the contract), you're possibly on the hook for the remaining weeks of rent until the contract time has passed, regardless of your actual 'move out' date.

Question 2: Was the amount of the security deposit equal to one month's rent? Often, it is somewhat less. If it wasn't as much as a rent payment, you need to make up the difference.

Question 3: Was there mention in the contract that the security deposit could (or could not) be used for rent? This is important - it should be definitely written in there in stating one of the two cases, to prevent just such confusion as this. If it CAN be used as a payment, there may be a requirement that you and the landlord agree to do so IN WRITING; without the written agreement, it's a case of his word against yours. If it CAN'T be used, you're currently in arrears for February's rent.

By the way - most times, the security deposit CANNOT be used in lieu of rent payment. There is often additional wording to the effect that the landlord will reimburse the security deposit - less expenses to 'fix up the place' and without accrued interest - AFTER the tenant has left the premises. If (by some remote chance) you haven't left the premises in good condition and the cost of rehabilitating it comes to more than the security deposit, you can only lose the deposit ... not be forced into paying a higher percentage of the cost.

To change the locks on the place, the landlord must give you a written warning that you are behind on your rent. He must also give you a specific time period in which to pay up. (This detail may also be included in the contract - typically, the time between 'normal payment' and 'in default' is 10 business days.)

Once he's givne the written notice, and you've failed to make the payment, he has the right to seek recompense - including changing the locks, selling your stuff, and taking you to court for damages. On the other hand, if he's taking that path WITHOUT a written warning, the shoe's on the other foot. YOU get to seek damages from him!

As to changing the electric - usually when you do so, you can request a date to have it turned off. If you didn't request a specific date, they can cvhange it out at their earliest convenience. (Looking back at what you've done, the next time set it up to change over to the landlord effective THE FIRST DAY YOU'RE GUARANTEED TO BE OUT - which means the start of the next rent cycle!)

The same scenario applies to the phone, by the way - and I'd suggest doing the same thing for it.

As to whether they have the right to change locks, etc based on your changing the electric over ... it's arguable. It all depends on the written notice you gave. That's why all the changing should finish on the same date!

Answer 3

it is a misdemeanor for them to change the locks. then again you are still liable for march rent because you did not give them proper notice to leave and they haven't either. NOTICE MUST BE IN WRITING BEFORE THE FIRST OF THE MONTH you know what to do!!