Landlord took me to court for 2months back rent got a judgement which was fine i moved .?

Question

From my understanding the security deposit is separate from the judegement ...so i want to know is he obligated to give me my secuity deposit back since he took me to court for back rent. Because i can use the secuity deposit to pay for the backrent charges. I live in Pa. Because i don't want him to get double money ..back rent and secuity deposit.

Answer 1

The security deposit is to be used for the damage you caused to the apartment.

Under the provisions of the Pennsylvania Landlord Tenant Act of 1951, 68 Pennsylvania Statutes, section 250.512, the landlord is to provide you with a list of the damages within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises. Deliver 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.

Any landlord who fails to provide a written list within thirty days as required 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.

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 [this is a small claims court civil action] 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.

In a small claims court action there can be an offset of his claim for unpaid rent against your claim for a refund of the security deposit after payment of damages and delinquent rent. No, the landlord will not be able to make you pay twice. Note that if the landlord does not respond after you make demand by a letter sent by certified mail return receipt of requested, you can go for double damages against him. Study the statute carefully.

Here is a link to the Pennsylvania statute: http://members.aol.com/StatutesPA/68PA250.512.html:

Here is a link to more information from the Pennsylvania Landlord-Tenant Handbook which you should study, and it adds credence to my answer: http://tenant.net/Other_Areas/Penn/harris/pa-part4.html

Answer 2

Security and rent are two different things. He is obligated to return your security deposit if you've left the apartment or house in the same condition you found it when you moved in. Even using a security deposit as the last month's rent is a courtesy from the landlord and not obligatory. It's too bad you didn't have him go through the place before you actually moved or better yet, on the day you moved so he could sign off on the condition you left it in. Then again, he may not have been an extremely happy camper since he had to sue you for back rent! Have you paid the judgment yet? If not then try to pay him the one month leaving the security deposit to pay for the other, if he'll agree!

Answer 3

No..your landlord is entitled to hold security deposit for back rent or damages. Your security deposit is not separate from Judgment. The security deposit can be used to mitigate any charges that are owed; however, if your landlord won a Judgment that is more than the security deposit, he can go after any assets, including any monies in your checking and/or savings accounts and file a motion to have your wages garnished.

Answer 4

It depends. First, do you have a lease? And if so, does it extend beyond January 10? Or are you on a month-to-month arrangement. If your lease has expired or you're on a month-to-month arrangement and he's given you notice, then: Yes. He can refuse to accept (not "except") your rent. Second: What was the outcome of the court case? Did the judge find that your house was unsafe? If so, then likely (per the terms of your lease) your landlord is in violation of the lease and can't legally continue to rent to you. (He's probably required to provide you with safe accommodations.) In that case: Yes. The lease is terminated due to his non-compliance. He's no longer able to accept your rent. Third: From your description, he got a judge to agree with whatever basis he advanced to evict you. There are many reasons; non-payment of rent is just one. What did he argue? Regardless, though, if a judge approved his petition for eviction, then: Yes, it's legal. Finally, what does your lawyer say? Hope that helps.

Answer 5

security deposit can be used for the rent when a tenant does not pay rent and of course it can also be used to get the apt ready for the next tenant if there is damage besides breaking the lease this goes for most states chek with your fair housing bureau

Answer 6

I would guess that a security deposit can be used for any unpaid rent or damages. Certain situations allow for collection of "treble damages" but generally , one cannot collect for more than their actual loss........