It is ALWAYS a necessity to report issues to a landlord IN WRITING and WITHOUT DELAY as soon as an issue comes up. In this way, there is a clear record of the issue at hand and proof that the landlord is aware of any such issue. It does not sound like you have any written records of reporting issues and that will not be helpful. It would be a good idea to send the landlord a detailed (ie. who, what, when, where and why...) written outline of the issues you reported in the past so that you do have a record in hand. Ask the landlord for a written reply within 3 business days of his receipt of your letter. Send the letter to the landlord by certified mail, return receipt requested* (*or in whatever manner is required by the landlord tenant laws that apply for the state/county/city where the property is located...) so that you have a record of the communication.
 
Re: clogs, the responsibility for the clogged plumbing would depend on who or what caused the clog. It would be best to report the problem to your landlord in writing so that he may take care of the problem. If you are not sure whether or not you caused the clog, then you may wish to have a licensed plumber take a look at the clog and determine what caused it. Get a written estimate from the plumber that details the clog issue and proposed solution for your records. Please note that the landlord will not be required to use your plumber to make the repairs and should be the one to determine who corrects the problem. If the problem is found to be a "tenant issue", ie. toys or tenant "products" in the lines, then the landlord could require reimbursement for the clog repair. If the issue is due to pipe decay/corrosion or roots in the lines, for example, the landlord would most likely be responsible for the repair costs.
 
Let us know what you find out...

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Last modified: 5/19/09 12:59 PM

Thank you for the timely response!
 
In the event that I send him an outline of what he was informed of, and he doesn't respond, is the receipt of the letter proof enough that he was informed of the issues? The reason I ask is because I gave him two copies of our notice of intent to quit in writing and asked for one in return, signed by him. He never gave it back. This makes me think that he would not sign anything else. This is frustrating because I'm afraid I'm going to be screwed out of money.

What you want to show or prove, if necessary, is that you are informing the landlord of any issues that arise in a timely manner and trying to cooperate with him/her regarding the necessary solution to any issues. As long as you notify the landlord as instructed in the landlord tenant laws (ie. CMRRR, for example...) then you can show that the landlord DID receive your notification. Be sure you keep your own copy of anything that you send to the landlord so that you have IT for your records, too. If you end up in court, a judge will be able to review the information and proof that you have in your file.
 
Good luck. I hope all works out well for you. Keep us posted.

Okay, quick update and a couple questions.
 
It has been a month since we moved out. We gave the landlord our notice in writing requesting a signature from him. Although he didn't sign it because he is not obligated to do so, we know he received it because our rent check for the final month was wrapped inside the notice and it was cashed. It included all the details, including our new address. We have a photocopy of the notice.
 
We also know he received it because he didn't confront us when we were moving out. We handed him the keys on May 30. I asked him if we would be hearing from him within 30 days and he said it would be long before that because all he had to do was inspect the apartment.
 
Fast forward to today which is officially 30 days past the day that we gave him the keys and we still have not received our security deposit or any list of damages we are deemed liable for.
 
In accordance with PA law, the landlord has 30 days to send us a list of damages and costs plus the difference if applicable. If he fails to do so, we can bring a civil suit against him to collect twice the original security deposit and be released from all responsibility for damages (if any). I will be filing the lawsuit either today or tomorrow.
 
 
When we gave him the security deposit and first month's rent, it was in the form of cash. We did not get a receipt and I didn't push for one because we paid cash with our prior two landlords and there was never a problem. We didn't expect a problem with this one, either. We have our copy of the lease which states the amount of the security deposit required and his signature is on the lease as well as ours. What I wanted to know is would this pass as a receipt being that the amount is on the lease and his signature is as well?
 
Also, we took pictures after moving out to prove how clean it was. It was in better shape when we left than it was when we moved in. An interesting tidbit of information came about two weeks ago when my sister informed me that her friend had lived there before us and never got her security deposit back either but never took it to court. Would these pictures provide good evidence against any claims he may have for damage? And can I provide our past two landlords as references to attest to what kind of tenants we are?
 
We also have pictures of the leaky roof that was never fixed for the year and 3 months that we lived there. Would this be relevant evidence as well?
 
I know the law differs state to state but I have a copy of the Pennsylvania Landlord and Tenant Act of 1951 which I would assume is still current.
 
Any advice would be appreciated as this is the first time I have had to encounter anything like this. This is extremely frustrating and stressful.
 
Thank you very much.
 
Mark

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Last modified: 6/29/09 7:24 AM

I'm truly impressed with your current documentation! Pictures are very relevant and will only help in aiding you. As far as the signature on the lease and it applying as a receipt....that might be a little bit of a stretch, but worth a try. Remember when going into this battle, any and all verbal communication that you had with your past landlord won't mean squat. You can bring it up, but the judge will most likely think of it as he said/ he said and ignore it. I would at least get copies of phone records to help show that you tried to get the landlord to fix things...it's not a lot of evidence, but it will help a little.
Good luck on your suit...hope it works out the way it is supposed to!

Thanks for the info. That kind of makes me nervous now that I don't have an "official" receipt.
 
One other question. Should I attempt to contact him before filing the lawsuit through certified return receipt mail and give him a set amount of days to return the deposit before filing suit?

We just filed the suit with the magistrate and now we play the waiting game. It cost $102.50..jeez. It will be worth it either way, even if we don't win, we still caused him a headache. I hope it works out for the best and any other advice is always welcome. Thanks!

It is always best to try to work things out with the landlord in writing before the court appearance. If you can't, you can't, but at least you gave it a shot. Again, keep a copy of anything you send to the landlord for your own records and be sure to mail things by certified mail, return receipt requested so that you can prove that the landlord received your letter(s). Good luck on your case. Let us know what happens.

Okay, the situation has cleared up. We got the security deposit back in full, albeit late, but that prevents us from having to deal with a court battle. I can't afford to take the time off work. It's apparent that he wanted to be a jerk about it and wait until the last possible second to send them out. One check was dated June 1 and the other was dated June 30. We can't recoup the money that we used to file the paperwork, but I'll take the loss and move on. Thank you all for your help, it has not gone unappreciated.