Pennsylvania Complaint - Lessor Failure to Return Security Deposit

State:
Multi-State
Control #:
US-01622
Format:
Word; 
Rich Text
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Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

Under the right to a safe and habitable home, a landlord cannot force a tenant to move into a home or unit ?as-is? and cannot demand that the tenant be responsible for repairs. To be safe, and habitable, a unit or home should have: Working smoke alarms. Working hot water.

Refunds of Security Deposits Section 92.103 states: the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.

When can a landlord keep your security deposit? Landlords in Pennsylvania can only deduct money from your security deposit for damages to the property, unpaid rent, or the breach of a lease. If they do keep any of your security deposit, they have to give you a list of the deductions, as well as the cost of the repairs.

If you feel you have been the victim of illegal housing and commercial property discrimination, file a complaint or report a bias incident by: Calling the Pennsylvania Fair Housing Hotline at (855) 866-5718. Calling (717) 787-4410 | (717) 787-7279 TTY users only phone, or. Visiting one of our three regional offices.

Under Pennsylvania law, landlords can be held liable for negligent maintenance in the care and control of the property. If you'd like to have your case reviewed by our Philadelphia, Pennsylvania defective premises and landlord liability lawyers, call 215.925. 4451.

You can file a civil complaint with the Magisterial District Court and sue the landlord for double the amount of the security deposit (including interest, if applicable). The landlord will not be able to file a counterclaim for damages.

--Any landlord ratepayer or agent or employee thereof who threatens or takes such reprisals against any tenant shall be liable for damages which shall be two months rent or the actual damages sustained by the tenant, whichever is greater, and the costs of suit and reasonable attorneys' fees.

For example, if the rental property is in need of a critical repair, such as fixing the heat, a landlord must fix it within 24 hours. When it comes to non-critical emergencies, a landlord has 14 days to make the repair.

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Pennsylvania Complaint - Lessor Failure to Return Security Deposit