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

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

Pittsburgh, PA -

Attorney Answers (2)

Michael Thomas Muha

Michael Thomas Muha

Landlord / Tenant Lawyer - Hermitage, PA
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.
Guy W Bluff

Guy W Bluff

Construction / Development Lawyer - Phoenix, AZ
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

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