Landlord Question and Answer Forum

I had signed a lease with a guy who lived in my house with his girlfriend. Only his name was on the lease agreement. It was a one year lease, we went to a month to month verbal after the one year according to PA law. He moved out 10 months ago and I never knew it. I just assumed that she started to write the checks because they were late and when I called them, she said he was traveling on business. She called me to say she was moving out Nov 30 to buy a house. That's when I found out he had already left. She moved out and I had to fix the heater and had other repairs to do. I did not send her an itemized list because I figured since the guy broke the lease when he moved out without telling me and basically sublet the house to her, the deposit that came from him, was not hers to return to her. She is now threatening to sue me for double the 800.00. Am I wrong to not return it to her? Would she win in court? Please help, I don't have much time.

You must go by the lease. IF according to the lease, the security deposit was received from Tenant A and you had received NO notice that Tenant A was moving; than Tenant A is still responsible for ANY remaining rent due or damages to the rental unit. If Tenant A did not provide a forwarding address, then I would mail it to the last address know, certified, return receipt requested. Tenant A's girlfriend really has nothing to do with the legal contract. I wouldn't even speak to her any longer. Make sure, though that you follow the rules and procedures of PA security deposit return to a "T". Good luck!

Posted by Donna , NC on Wednesday, March 31, 2010