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To: Richard.Draves@cs.cmu.edu
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Subject: Re: Tenant Rights 
In-reply-to: Your message of Thu, 01 Aug 91 13:09:30 -0400.
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Date: Thu, 01 Aug 91 15:38:35 EDT
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From: Anwar.Mohammed@GS9.SP.CS.CMU.EDU


There is an In Pittsburgh article from a couple of weeks ago
that I may get my hands on soon.  The Guide to Living in Pittsburgh
also has some useful information.

Here are the responses so far:



From: Eric.Gardner@ISL1.RI.CMU.EDU

Try calling TEL-LAW (281-4664) and ask for tape L179.  I called 11
months ago and it was fairly informative.

.esg.


*************

From: Steven.Schlick@N2.SP.CS.CMU.EDU


02-Jun-89 18:08    Douglas Bradley Meade        Security Deposits
From: Douglas Bradley Meade <dm2w+@andrew.cmu.edu>
I will be vacating my apartment at the end of June, and have been
investigating my rights as a tenant.  Some of the results of this search
are interesting, so I thought I would share them with you.  My primary
sources of information have included the Better Business Bureau's
Tel-Tips (of particular interest is tape R-31;  see the blue pages of
the phone book for a complete listing of topics), the Carnegie Library
in Oakland (the librarians in the Pennsylvania section, 2nd floor, were
most helpful), and the Pittsburgh branch of the Pennsylvania Bureau of
Consumer Protection (1405 State Office Building, 300 Liberty Ave., Pgh,
PA  15222;  (412)565-5135).

The following is a direct reproduction of the text of a Pennsylvania
Bureau of Consumer Protection brochure:

> The Landlord Tenant Act regulates security deposits and places a limit
> on teh amount a landlord can charge.  According to the law:

> -  During the first year of a lease, a security deposit cannot be
> charged in excess of two month's rent.

> -  At the beginning of the second year of a lease, a landlord cannot
> request a security deposit that is equivalent to more than one month's
> rent.  Therefore, if the landlord asked for a security deposit of two
> month's rent when you first signed the lease, he must refund the
> equivalent of one month's rent at the beginning of the second year. 
> [NOTE:  Other documents indicate that this applies when a one-year lease
> is renewed.]

> -  At the beginning of the third year of a lease, the landlord must
> start giving the tenant the interest earned by the account, minus a 1%
> fee which the landlord may retain.

> -  After five years the landlord cannot increase a security deposit even
> though the monthly rent may have been increased.

> There are several steps involved in getting your security deposit
> refunded:

> -  in order to get the money returned, the tenant must give the landlord
> a forwarding address and return the keys to the property.

> -  within 30 days after the tenant moves out the landlord must either:
>     1) return the deposit  -- or

>     2) send the tenant a list of damages, the cost of repairs and any
>     money remaining from the security deposit

> -  if the landlord does not provide a written list of damages within 30
> days, he gives up the right to keep any part of the security deposit. 
> The tenant may take two approaches to finding a remedy to this situation:
>     1) The tenant can sue to recover the deposit without the landlord
>     being able to raise any defense  -- or
>     2) The tenant can sue for double the amount of the security deposit.
>      In this case the landlord can counterclaim for damages to his
    property.

I hope this information is of interest to some of you.  If you have any
questions or comments, please feel free to post to the bboard or send a
reply to me (dm2w@andrew).

Doug

Disclaimer:  I have no legal expertise;  I am simply reporting the facts
as reported by the above sources.
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