Home rent deposit recovery questions

[Cujet]

I rented a log home in PA (for cheap, duel to condition) for the last year. While I live in FL, I've been up North enough to make it financially worthwhile (about 5-8 days per month) and it's a whole bunch nicer than hotels. Not to mention that there are days where hotels are not available.

Anyway, the place sold and the landlord has not returned my $1600 rent deposit and my $800 pet deposit. Neither my wife, nor my dog ever came North, so that was a waste..,...

Because the place was utterly trashed when I moved in, I spent my free time there cleaning, pressure washing and repairing. Thinking I might keep it for a few years until I retire. Previous tenants were NASTY. My point is the time there was spent cleaning it, fixing tile, toilets, showers, plumbing leaks, cleaned all the basement mold, pressure washed the front and back decks (they were solid green/slimy) and treated them with preservative, not to mention de-greasing the entire kitchen that had not been cleaned in years.

I left it in far better condition than when I moved in and PERFECTLY CLEAN. (Maybe a little OCD..... )

Because of this, and the fact that I was not there most of the time, he was able to show it, and rapidly sell it.

Yet my deposit remains un returned.

Yes, I took many pics and videos prior to moving in, and upon move out, for proof.

Thoughts?

 

[mk378]

The strategy of savvy tenants around the deposit scheme is don't pay the last month's rent and walk away. If the place is in OK condition you won't hear any more from the landlord.

 

[RamFan]

This can be a tough one.

First things first, what have the conversations with him been like regarding having those deposits returned? If he's choosing to hold them, he should be able to provide reasoning.

 

[BMWTurboDzl]

Your deposit should have been transferred to the new owner if you are/were a tenant at the time of sale. You can do some footwork* to try to confirm it.

The fact that you spent time and money fixing things that was the responsibility of the landlord is unfortunate.



*Online search of public record to locate the listing. Contact realtor to find out who the closing attorney was and then contact the closing attorney to see if the UCD reflected a credit for rental deposit.

 

[WyrTwister]

Do not know about the legal system in the state the cabin is located in ?

Around here , I have heard of the renter suing the land lord in small claims court & functioning as their own council .

 

[JohnnyJohnson]

The best place to start is your states consumer protection office.

 

[SeaJay]

When in college, we gave a half month's rent as a security deposit for our senior year on a second floor rental in a house that was always rented to college students. After we moved in the landlord sold to a couple that wanted the whole house. We didn't go out of our way to trash the place, but it was pretty dirty by the time our lease ended, most of us had already moved out since the place wasn't kept up.

Anyway, the new owners wanted to keep the security deposit since it needed a deep cleaning that cost at least as much as the security deposit. We took the landlord to small claims court, not because we thought we had a good case but because we were broke and could use the money.

We went to court. The judge asked for our copy of the lease which we had lost. At that point the judge should have tossed the case. But instead the new landlord not realizing that he had won the case volunteered to give his copy of the lease. The lease stated the deposit was for damages, and didn't say anything about cleaning costs. There was a $3 charge for a window lock replacement that the landlord included in the letter detailing why we weren't getting the deposit back. The judge asked if we had in fact broken the lock. I wasn't sure if we did or not, but said it was us.

The judge ruled in our favor, and we got the security deposit back, less the $3 for the broken lock.

It is all in the rental contract wording. Read carefully, the wording is usually not all that confusing. Good luck!

 

[Hall]

Originally Posted by BMWTurboDzl
Your deposit should have been transferred to the new owner if you are/were a tenant at the time of sale.
Depends on how the lease was written. It may state that if the property is sold, the lease terminates. The new buyer has no obligation to become a landlord when they may have purchased it to be their home.

Originally Posted by BMWTurboDzl
The fact that you spent time and money fixing things that was the responsibility of the landlord is unfortunate.
Exactly, the OP didn't have to do this. They say the condition when they agreed to rent it.

Regarding the return of the deposit, no timeframe has been given. Has it been 3 weeks, 3 months ?

 

[SevenBizzos]

You need to read the terms of the lease. Your lease may have been transferred to the new owner. They have 30 days to return the money (that's the state law here).

 

[BMWTurboDzl]

Originally Posted by hallstevenson
Originally Posted by BMWTurboDzl
Your deposit should have been transferred to the new owner if you are/were a tenant at the time of sale.
Depends on how the lease was written. It may state that if the property is sold, the lease terminates. The new buyer has no obligation to become a landlord when they may have purchased it to be their home.

Originally Posted by BMWTurboDzl
The fact that you spent time and money fixing things that was the responsibility of the landlord is unfortunate.
Exactly, the OP didn't have to do this. They say the condition when they agreed to rent it.

Regarding the return of the deposit, no timeframe has been given. Has it been 3 weeks, 3 months ?


The lease may terminate but that doesn't mean that all of the terms of the lease such as the deposit do not not survive. As for whether or not the new owner of the rental chooses to lease the property and what bearing that has on the deposit I can only say that I've seen many transactions like this where the deposit for existing tenants is transferred to the new owner regardless of what the owner intends to do with the property.

I think what hasn't been explained is whether or not the OP was still under the lease. If the lease had already expired prior to the sale of the property then ya, the new owner will most likely not have been given the deposit.

 

[Donald]

You need to send a couple of big burly guys to the previous owners home and ask for deposit back.

 

[NYSteve]

This is a good start - PM'ing you more info...

https://www.nolo.com/legal-encyclopedia/pennsylvania-security-deposits-36229.html

 

[SwampSurvivor]

I always look at security deposits as free money for the landlord. Never once expected to get one back.

 

[Nickdfresh]

Sounds like you would have been better off renting from a reputable apartment building. There have been a couple times where if I'm sure I'm gonna be stiffed on the security deposit I just tell them to keep it for last months rent and I'll be out in 30. If they have any problems with this, they can contact my lawyer/best friend...

 

[Hall]

Originally Posted by Nickdfresh
Sounds like you would have been better off renting from a reputable apartment building.

How does that help the OP now ?

 

[Hall]

Originally Posted by BMWTurboDzl
The lease may terminate but that doesn't mean that all of the terms of the lease such as the deposit do not not survive.

I didn't mean to suggest that the OP isn't entitled to a return of the entire deposit or a partial amount if warranted. Either the original landlord has it or it could have been transferred to the new owner and based on the condition of the unit, one of those two parties needs to resolve it with the OP.

 

[BMWTurboDzl]

Originally Posted by hallstevenson
Originally Posted by BMWTurboDzl
The lease may terminate but that doesn't mean that all of the terms of the lease such as the deposit do not not survive.

I didn't mean to suggest that the OP isn't entitled to a return of the entire deposit or a partial amount if warranted. Either the original landlord has it or it could have been transferred to the new owner and based on the condition of the unit, one of those two parties needs to resolve it with the OP.

 

[dbias]

I always got my deposits back as i went through every room, wall by wall, carpet by carpet and through every appliance with the landlord and took pictures even back in the day using a polaroid camera.

The OP needs to take landlord to small claims court in the county where the building was located. Or if you have a lawyer buddy have them fire him off a letter first.

 

[PandaBear]

First of all, if the place is bad and you are fixing / cleaning it, you need to let the landlord handle it, or have the reimburse it (written approval before you start). Without this it is not going to be any PROOF that you leave at a better shape than before. Did you take any photos before you move in and when you move out? Sending them via email and have them reply and say yes this is how it looks like? That's important.

Second, if you have deposit it has written proof right (checks, lease agreement, etc), and when he is not refunding you he has to explain why in written form. If he does not you have the right to sue them in small claim or contact attorney's general about this (at least tell the new owner you will). Did the older owner sell the place without disclosing he rent it out? If so you need to get him involved or the real estate agent / title company involved. They may pay you if it is just a few hundred or a couple grand to avoid legal trouble.

Make sure all contact and agreement has a paper, text, or email trail, you want to show that the owner has agreed to something.

 

[PandaBear]

Originally Posted by Nickdfresh
Sounds like you would have been better off renting from a reputable apartment building. There have been a couple times where if I'm sure I'm gonna be stiffed on the security deposit I just tell them to keep it for last months rent and I'll be out in 30. If they have any problems with this, they can contact my lawyer/best friend...


Landlord should never [censored] off the tenant intentionally. If the tenants are wrong they have all the paper trail to proof it, the tenants should feel that they are not abused when the deposit is deducted. If the tenants do feel this way you haven't screen the trailer trash off your do not rent list (or price your rent too high so only trailer trash who won't pay / can't pay, will rent it).

Abusive landlord got their properties vandalized, it is much easier to just pay the tenants off to move them out of the way. To screen out the trailer trash, usually credit score is sufficient (stay away from the worst, and the bankrupt from non medical reason).