QUESTION ABOUT CONSTRUCTIVE EVICTION AND HOW LONG TO FILE FOR SECURITY DEPOSIT BACK?

Asked almost 2 years ago - Pittsburgh, PA

OUR APARTMENT HAD FLOODED FROM THE BATHROOM 6 TIMES IN 2 YEARS AND 3 OF THOSE WERE SINCE JAN. SHE COULD NOT SEEM TO GET THE PROBLEM UNDER CONTROL BECAUSE SHE NEVER GOT A PLUMBER SHE GOT HER SON..(NOT A PLUMBER) ALSO WE HAD MOLD PROBLEMS AND PROBLEMS WITH VERBALLY ABUSIVE NEIGHBORS UPSTAIRS TO EACH OTHER AND THEIR CHILDREN LOUD AND OBNOXIOUS.
SHE CONSTANTLY TOLD US SHE WAS EVICTING THEM BUT THAT NEVER HAPPENED.
WE TOLD HER ON 2/15 WE WERE LOOKING BUT COULD NOT FIGURE OUT WHY WE NOT GETTING AGENTS TO CALL US BACK IT WAS BECAUSE SHE WAS NOT RETURNING THEIR CALLS TO RUIN OUR CHANCES OF LEAVING. WE LEFT ON 3/5/13 CALLED HER AND TOLD HER SENT HER CERTIFIED LETTER DATED 3/13/13 SHE REFUSED IT. WHEN IS 30 DAYS UP TO FILE AS OF TODAY 4/8/13 WE HAVE NOT HEARD FROM HER LEASE WAS UP 3/8/13

Additional information

SORRY LEASE WAS UP 3/5/13 WE MOVED OUT 3/5/13

Attorney answers (2)

  1. Michael Thomas Muha

    Contributor Level 4

    Answered . I don't completely understand the question you are asking, but under Pennsylvania law, your landlord must return your security deposit within 30 days from the moment you relinquish control of the rental unit.

    If your landlord is complaining that the security deposit is being withheld due to an improper eviction process on your part, then you should contact an attorney immediately to discuss your next move, either through the courts or not.

    It sounds to me from the description of the events that your implied warranty of habitability was violated due to the flooding of your bathroom. Under Pennsylvania law, all landlords must provide a safe and sanitary environment to their tenants.

    You should contact an attorney immediately to discuss your next move. If you wish, you can contact me for a free initial consultation. Good luck.

    Michael Thomas Muha, Esquire
    The Law Office of Michael T. Muha, Esquire
    Hermitage, PA 16148
    www.muhalaw.com
    724-301-6967

    Disclaimer: This response does not constitute an attorney-client relationship.
  2. Guy W Bluff

    Pro

    Contributor Level 13

    Answered . If you were going to get your security deposit back you should have had it by now - 10 to 30 days is typical. I suspect that the landlord will not be returning it. Send one more letter, Certified Mail AND 1st class mail. Leave a copy at the Landlord's door as well. Demand return of your deposit within 3 days. If not returned, you should file in small claims court immediately to get it refunded.

    Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the... more

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Security deposits for renting

A security deposit is a refundable fee a landlord can use if a tenant violates lease terms, causes damage, or leaves the rental in unacceptable condition.

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