Is it to pursue a refund of a portion of an unreturned security deposit?
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Is it to pursue a refund of a portion of an unreturned security deposit?
Our total security deposit was $1,040. Property management withheld $625, saying there was
Asked on June 7, 2017 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) Interest rates have been so low that you should discount 4 years of interest: it is irrelevant.
2) If they can't prove the candle soot damage, they'd have to return the money; therefore, whether or not you can win on your claim will depend on whether you believe they could prove this.
3) They could seek additional amounts if they can prove there was other non-wear-and-tear damage: the fact that they did not seek or withhold the money originally does not legally bar them from seeking it later.
Assume that you have, if you are confident in the factual assertions you make in your question, a better than even, perhaps even a good, chance of winning (but never assume winning is guaranteed, since it never is: courts and judges do strange things sometimes). If you also feel confident that there is no other damage they could reasonably prove, for a $134.14 investment, a better-than-even or good chance of winning $625 is statistically worth pursuing.
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