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Should I appeal a security deposit case?

Philadelphia, PA |

I am a landlord who had to evict a tenant for failure to pay rent. the case went on for over 6 months & finally the common pleas court ruled in my favor that the tenant owed me rent. during that time the tenant moved & i sent a letter that the security deposit was being held until all legal matters were done (within 30 days of them moving out). the tenant recently sued me for the security deposit & won. i had countersued for property damage & items stolen out of the house. the judge said that since i did not provide an itemized list of damage within 30 days i was at fault & the tenant received double the security deposit. shouldn't the judge have thrown out my counter suit for damage (since i didn't provide the itemized letter) but still given me credit for sending the letter in 30 da

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Attorney answers 1


The law provides that it must be an itemized list of damages, and not just a blanket letter deciding to keep the security deposit. Does the lease say that you can keep the security deposit to cover unpaid rents? If it does, you should appeal for that. Although you didn't mention it at trial, so it is going to be a difficult argument to make.

Often on appeal you have to put up an appeal bond in the amount of the judgement against you, so be aware of that.

There may be other, more technical issues you can appeal. No attorney is going to be able to identify those on this forum. So you might consider talking to an appeals attorney. You should not delay if you decide to appeal. The timelines for appeals are very short.

Best of luck,

Shannon K. McDonald

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