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sabraham

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Posts: 3
Reply with quote  #1 
hey guys, im here seeking advice and info and would appreciate any input. i will try my best to keep it short and leave out any unnesssary details

so i recently rented a house with a lease, and on the first day there i noticed there was a problem with the bathroom tub/shower and one of the rooms didnt have heat. also some other problems i didnt notice when first seeing the house (gaps in the windows making the house very drafty etc.) i contacted the landlord and she said she would send her stepson to fix the issues. her stepson did not come until 6 days later, so i was not able to take a proper shower and had to move my stuff out of that room because of being without heat. even after repairs were done i noticed the room was still alot colder than what it said on the thermostat. i also have pics of the the thermostat next to a thermomter. so at that point i decided that i was going to terminate the lease early due to pennsylvania health and safety code. 

i sent a letter shortly after stating i would leave at the end of the month. due to my job, i have to give at least two weeks notice before moving, otherwise i wouldve left immediately. i then took it upon myself to advertise the house. any contact info i received i forwarded to her but when i asked if she was contacting the people she did not respond. so i proceeded to put her number on the ad so potential tenants could contact her directly, she then contacted me saying it was considered harrassment and wanted her number removed immediately which i did. she also said she would be at the house at the end of that week which i agreed to but she then decided she would show it after i moved.

during this time, my mother was able to get in contact with the previous tenant (mindi) and i have a recorded conversation with the previous tenant stating that the landlord told mindi not to mention anything wrong with the place when i went to see the house. im still not sure if i would be able to use this recording in court but i have it just in case.

so when it came time to leave at the end of the month, i left the apartment clean with no damages and returned the key plus a letter with my returned address. she did send me a letter stating that she will be keeping the security deposit because of breaking the lease etc. i did learn that she did have a tenant move in about a week after i move.

my question is do i have a case to get my security deposit, and also is this cause to sue for double security

appreciate anyone just for reading and any input given
Number21

Registered:
Posts: 75
Reply with quote  #2 
Quote:
Originally Posted by sabraham
my question is do i have a case to get my security deposit, and also is this cause to sue for double security


Absolutely not. Be glad the landlord didn't sue your ass and call the cops for harassment. That's what I would have done. Taking 6 days to fix an issue and one room being a few degrees colder than the thermostat is not a reason to terminate your lease early. They sell things called space heaters. In most houses the temperature is not exactly the same in every room.

It is absolutely not your business to try and rerent the premises again without permission whether you want to stay there or not. It is also very much possible to sue somebody for posting their phone number online without permission.

Quote:
Originally Posted by sabraham
so at that point i decided that i was going to terminate the lease early due to pennsylvania health and safety code. 

That is not a decision you are allowed to make. Nobody has violated any health and safety code.
sabraham

Registered:
Posts: 3
Reply with quote  #3 
it was not a few degrees colder, it was up to 20 degrees colder

and i did not try to rerent the property, i was finding her potential tenants
Number21

Registered:
Posts: 75
Reply with quote  #4 
Quote:
Originally Posted by sabraham
it was not a few degrees colder, it was up to 20 degrees colder

For just six days? Not a big deal. A $15 space heater from Walmart could solve that problem. You could probably pass that cost along to the landlord. If it went on for months without getting fixed, then you might have a point. Is this a bedroom somebody was trying to sleep in or just "a room"? Is there a reason the door had to be shut? Why couldn't heat from the rest of the house circulate here?

Quote:
Originally Posted by sabraham
i did not try to rerent the property, i was finding her potential tenants

Which she correctly told you was harassment. It is not your business to find her tenants without consent. I'm assuming you posted ads on craigslist, and craigslist is very clear when you post that it is illegal to post somebody else's contact information, and they like to prosecute.
sabraham

Registered:
Posts: 3
Reply with quote  #5 
it was a bedroom, and the reason why the door was shut that it was unsightly cold in there.  i didnt want to run up the light bill on her account

the harrassment thing has nothing to do with my deposit if she wants to prosecute me thats on her but that is not a reason to retain the deposit

i recently discovered that the current tenant has been living there since march 1st, a mere two days after i left the house.  furthermore, he was made aware of the rental at the beginning of february and he is also a friend of a friend of the landlord.  meaning, as soon as i sent her that letter she started to find a new tenant on her own
 
so by rerenting the place, she is agreeing to break the lease and therefore has no legal right to keep the deposit.  the most she can deduct is the 1-2 days of vacancy.  now my only question is would she lie in court and say that the tenant has been in there since april 1st, i mean shouldnt she have to provide proof of such?


Number21

Registered:
Posts: 75
Reply with quote  #6 
Quote:
Originally Posted by sabraham
it was a bedroom, and the reason why the door was shut that it was unsightly cold in there.

So in other words nobody was trying to sleep in there. It makes your problem even less important. Again, a $15 space heater would have solved this problem. You likely could pass that $15 along to your landlord, but that's it. It was also probably cold in there because you kept the door shut, that happens in a lot of houses. Especially older ones.

This room being cold for 6 days was not such a big problem that you had to move out. It is pretty obvious from your post that you wanted to move and were just looking for an excuse.

Quote:
Originally Posted by sabraham

the harrassment thing has nothing to do with my deposit if she wants to prosecute me thats on her but that is not a reason to retain the deposit

The point is you have no leg to stand on and you need to leave this woman alone. If she hasn't tried to sue you yet consider yourself lucky and move on. She can if she wants to. She will if you piss her off enough. You will easily lose if she takes you to court. You will be then responsible for a bunch more legal fees that weren't part of it before. You will also have to pay a "prevailing party fee" when you lose, which is basically just a bonus to the person who sued you.

Quote:
Originally Posted by sabraham

i recently discovered that the current tenant has been living there since march 1st, a mere two days after i left the house.

Not relevant in any way.

Quote:
Originally Posted by sabraham

meaning, as soon as i sent her that letter she started to find a new tenant on her own

Also totally irrelevant to you in any way. Be glad she found a new tenant right away, because if she didn't, you would still be responsible for the rent, even if you didn't stay there. And she would sue you ass for it. This is also why it was none of your business to try and find another tenant.


Quote:
Originally Posted by sabraham

so by rerenting the place, she is agreeing to break the lease and therefore has no legal right to keep the deposit.?
Totally wrong. You forfeit 100% of your deposit if you break the lease. You cannot just leave with no consequences whenever you want to, that is why you signed a lease in the first place. YOU are the only one in default.

You just need to drop this. You think you are some kind of expert or something, you clearly know nothing about how the law works. The only person that might be able to get sued here is yourself. Be glad that you haven't got sued and leave this person alone. 

You will NOT get your deposit back. Period. You do not deserve it. Legally or otherwise. Examples like this are why landlords get deposits in the first place.

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