8Grand
April 1, 2008, 4:16pm
38
(c) If the landlord fails to pay the tenant the difference between the sumthe landlord shall be liable in assumpsit to double theby which the sum deposited in escrow, including any unpaid interest thereon, exceeds as determined by any . The burden of
Just a heads up, but the above clause from the Landlord Tenant Act appears to state that you as a tenant could potentially recover twice your security deposit, however that amount could be decreased by any damages the landlord could prove you caused. In other words, if your deposit was $575, but the landlord can prove the rugs were destroyed by you at a replacement cost of say $2100, you would not recover anything, which is obviously still better for you than having to pay $1500+ for the carpet in the first place. As was mentioned previously in this thread, pet odor (especially cat urine/spray) can be damn near impossible to completely remove. Chances are the professional cleaning masked lingering odor for a while. A few pictures (of stains) and some signed statements from a few prospective tenants or from a subsequent professional cleaning crew could most likely serve as proof of pet odor necessitating removal of the carpet.
Ive read also that suing for just the original amount gets you out of that clause. Which is why I was trying to get ahold of some lawyers but it was too late in the day at the time. I just want to get this settled. There was def wear and tear on that carpet as expected. I still want to talk to a lawyer who has worked these cases before to get a better headway on this. We havent filed suit but sent the letter out yesterday stating hes past the time to just send us a bill.