Tenant filed Civil case for security deposit

Tenant filed Civil case for security deposit

Rental Property Investor · Allentown PA · Member since 2021 · 159 posts · 36 votes

Good afternoon,

Some background. Tenant lived in the unit for 8 yrs. Towards end not a good relationship. Things went south. Wife started getting rude, yelling, cursing at me etc. Decided not to renew. Proper notice was provided. They finally moved out a few months ago. I sent proper notice within 30 days as required in the state of PA with itemized list of deductions. 

SD was $1000.00

100.00 deduction for mice, missing CO detectors, broken light fixture.

300.00 for paint - not for labor nor did we hire a professional company or an ozone machine, they smoked inside the rental unit, found cigarette butts in multiple locations and burn marks on floors, Fixtures, ceiling tiles had to be painted one by one, all ceilings, and walls were full of nicotine, and we had to use kilz primer about 15 g of them in total so that is all we charged for. Not labor or anything else. Maybe we should have purchased new ceiling tiles instead but were trying to be fair and save the tenant money and give them some sort of refund. 

200.00 for the final W/S bill

300.00 for 1/2 the cost of a new stove as tenant removed our stove without our permission or knowledge so we decided and feel it was fair to purchase a new one and charge them half the cost of the new one. The one she left in the unit was not ours and i have that proof in a text message confirmation from her and i had a repair man come check it and he said it was not safe to use at all it was missing parts and wires were broken. 

100.00 -REFUND TO TENANTS 

They did not contact me to dispute or try to resolve this issue. Just filed a CV complaint and we have the hearing coming up soon. Any suggestions on the best way to handle this? my lease states that any dangerous situations need to be reported to us immediately and that tenant is not permitted to smoke inside the unit nor guests. 

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Chris SeveneyBusiness Member
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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
3y

@Linda Thomas

Go to the hearing and bring lots of pictures and quotes you had from contractors to show them you paid that money.

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  • New to Real Estate · Downingtown PA · Member since 2020 · 46 posts · 38 votes
    3y
    Quote from @Linda Thomas:
    Quote from @Bruce Woodruff:
    Quote from @Linda Thomas:
    Quote from @Bruce Woodruff:
    Quote from @Russell Brazil:

    Youll be ok on most of the deductions. The paint I think youll lose on however. Most states require a landlord to repaint every 3-5 years. If they were there 8 years, it likely would need to be repainted regardless.


     I think she's just charging for the primer....?


     Yes just for primer to remediate the nicotine on the walls and ceiling and ceiling tiles, had to paint all of them in the two rooms. 


     I think that's very fair, and I can't see any judge objecting....


     I sure hope so, just hate going to court ugh. I will let you guys know how I make out haha. Wish me luck! thanks for all the help and support. Much appreciated.!


     Would be curious to know how this ended up when you have an update, good luck!

  • Rental Property Investor · Allentown PA · Member since 2021 · 159 posts · 36 votes
    3y
    Quote from @Dre N.:
    Quote from @Linda Thomas:
    Quote from @Bruce Woodruff:
    Quote from @Linda Thomas:
    Quote from @Bruce Woodruff:
    Quote from @Russell Brazil:

    Youll be ok on most of the deductions. The paint I think youll lose on however. Most states require a landlord to repaint every 3-5 years. If they were there 8 years, it likely would need to be repainted regardless.


     I think she's just charging for the primer....?


     Yes just for primer to remediate the nicotine on the walls and ceiling and ceiling tiles, had to paint all of them in the two rooms. 


     I think that's very fair, and I can't see any judge objecting....


     I sure hope so, just hate going to court ugh. I will let you guys know how I make out haha. Wish me luck! thanks for all the help and support. Much appreciated.!


     Would be curious to know how this ended up when you have an update, good luck!


     Semi update lol

    I am a bit annoyed. I do not have a decision as of yet the MDJ said I will get notification in the mail in a few days. He did say numerous times though that it was ceiling tiles/ walls etc was normal wear and tear even though I explained that it was not it was a violation of the lease and I showed him the no smoking clause. He also seemed to be siding w/ tenant about the stove situation as he said the tenant tried to do the right thing and didn't do it maliciously or intentionally but why didn't they leave me my old stove? I will definitely let you know exactly how it turns out in a few days when I receive my determination notice.  

  • New to Real Estate · Downingtown PA · Member since 2020 · 46 posts · 38 votes
    3y

    If you don’t have it in your lease already be sure to add something to the effect of not making updates/changes (specifically appliances in your case) without landlord approval. 

    Not sure how it works in your state but the PA MDJ will update their dockets on the website as well so if that’s the case in your state you could get the information before it hits your mailbox. 

  • Member since 2018 · 7 posts · 1 vote
    3y

    Make sure everything is properly documented with pictures and recepits. The wear and tear argument will be used but if the lease says no smoking then you will have that in your favor. In terms of finding representation and other fees/issues it might be easier trying to negotiate with them outside of court. Not saying it is a great solution but if there is a middle ground to be found, that is definitley better than court. Good luck!

  • Rental Property Investor · Allentown PA · Member since 2021 · 159 posts · 36 votes
    3y
    Quote from @Dre N.:
    Quote from @Linda Thomas:
    Quote from @Bruce Woodruff:
    Quote from @Linda Thomas:
    Quote from @Bruce Woodruff:
    Quote from @Russell Brazil:

    Youll be ok on most of the deductions. The paint I think youll lose on however. Most states require a landlord to repaint every 3-5 years. If they were there 8 years, it likely would need to be repainted regardless.


     I think she's just charging for the primer....?


     Yes just for primer to remediate the nicotine on the walls and ceiling and ceiling tiles, had to paint all of them in the two rooms. 


     I think that's very fair, and I can't see any judge objecting....


     I sure hope so, just hate going to court ugh. I will let you guys know how I make out haha. Wish me luck! thanks for all the help and support. Much appreciated.!


     Would be curious to know how this ended up when you have an update, good luck!

     Semi update lol

    I am a bit annoyed. I do not have a decision as of yet the MDJ said I will get notification in the mail in a few days. He did say numerous times though that it was ceiling tiles/ walls etc was normal wear and tear even though I explained that it was not it was a violation of the lease and I showed him the no smoking clause. He also seemed to be siding w/ tenant about the stove situation as he said the tenant tried to do the right thing and didn't do it maliciously or intentionally but why didn't they leave me my old stove? I will definitely let you know exactly how it turns out in a few days when I receive my determination notice.  

  • Rental Property Investor · Allentown PA · Member since 2021 · 159 posts · 36 votes
    3y
    Quote from @Linda Thomas:
    Quote from @Dre N.:
    Quote from @Linda Thomas:
    Quote from @Bruce Woodruff:
    Quote from @Linda Thomas:
    Quote from @Bruce Woodruff:
    Quote from @Russell Brazil:

    Youll be ok on most of the deductions. The paint I think youll lose on however. Most states require a landlord to repaint every 3-5 years. If they were there 8 years, it likely would need to be repainted regardless.


     I think she's just charging for the primer....?


     Yes just for primer to remediate the nicotine on the walls and ceiling and ceiling tiles, had to paint all of them in the two rooms. 


     I think that's very fair, and I can't see any judge objecting....


     I sure hope so, just hate going to court ugh. I will let you guys know how I make out haha. Wish me luck! thanks for all the help and support. Much appreciated.!


     Would be curious to know how this ended up when you have an update, good luck!

     Semi update lol

    I am a bit annoyed. I do not have a decision as of yet the MDJ said I will get notification in the mail in a few days. He did say numerous times though that it was ceiling tiles/ walls etc was normal wear and tear even though I explained that it was not it was a violation of the lease and I showed him the no smoking clause. He also seemed to be siding w/ tenant about the stove situation as he said the tenant tried to do the right thing and didn't do it maliciously or intentionally but why didn't they leave me my old stove? I will definitely let you know exactly how it turns out in a few days when I receive my determination notice.  


     have to pay 325.00 plus 150.00 court costs. Disappointed but it is what it is and i will just write it off lol. 

  • New to Real Estate · Downingtown PA · Member since 2020 · 46 posts · 38 votes
    3y

    That’s not bad. I recently had to pay my tenants back $6000 + my legal fees of about $2000.. so it could be worse! 

  • Member since 2022 · 1k+ posts · 1k+ votes
    3y

    A small claims court judge is about as low as you can go. It's a horrible gig. They are elected by renters. They know that. Have your ducks in a row. facts and evidence. keep emotion out of it. You should be ok.

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