I feel like it should be a lock too, but both of the lawyers I’ve talked to seem less enthusiastic and the one I dealt with last time around wouldn’t even return a message.
It’s possible it’s just not worth the time for a lawyer to do it.
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I mean none of the people you are calling are going to make any $ off of your case, so I assume they just dgaf about it.
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My view is that the minimum you’d gain from this process is $870 - double the amount of wrongfully withheld security deposit. I’d file in small claims court, no lawyer, seeking the $435 in wrongfully withheld deposit, plus the entire amount of the security deposit as damages. I think all of that is squarely within my reading of the law.
IANAL but, I think you’re better off letting this go.
Do you know if small claims cases go to arbitration in PA if both parties show? I think there’s a decent chance that best case you’re looking at getting the $435 back or maybe double it at $870. Ultimately up to you, but if you choose to pursue it I would file ASAP. I think the argument that you were already made whole is going to work (especially if this goes to arbitration), and the longer you wait the harder that becomes to overcome.
They try to get you to mediate through court-provided mediators before you show up, but once both parties show up the judge just decides it.
This is my concern. I win by the letter of the law, but some judge is going to say “Eh you got paid, so what they were a week late?”
Wrongfully withheld because they were late, you mean?
Correct. They forfeited the right to withhold money by exceeding the 30 day time limit. Again, non lawyer, but it is super clear that the landlord explicitly violated a state statute and there is a clear remedy in small claims court. Moreover, the statute intentionally provides for excess damages (not just a recovery of what you’re owed) because of the huge imbalance of power between landlords and tenants, and the need to prevent landlords from freerolling in these situations. There’s no reason to believe a judge is going to say “technically you’re right, but everything is fine so case dismissed.”
This will be my last post on the topic, because obviously I have no vested interest in you getting money that is rightly due. But this thread has taken a complete shift from an earlier post:
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Yeah I was pretty pissed when I wrote that, and now I’m just looking to make the most +EV move.
Since it was only a week, I’d be concerned about them blaming the delay on COVID and the judge being empathetic to their excuse.
That’d be pretty amazing, but possible. It’s not like I got extensions on rent or anything. They also had previously agreed to send it to me in an expedited fashion, because they had a track record of screwing people, and obviously they didn’t do that.
Fuck it that last part has to tip it more in my favor, too. If the court screws me, they screw me.
I’m scheduled to file 12/29, they’re pretty backed up.
I’m assuming your only reservation is COVID.
If there was no pandemic, you would 100% file. Is that right?
What is the statue of limitations? Can you file after you get vaccinated?
That’s a big part of it, yeah. I’ve now got my appointment, and it’ll be like peak spread week. Hopefully I can get in and out pretty quickly, and the fact that they are taking appointments rather than the usual method (show up and wait your turn) makes me feel a little better.
As long as I thought it was profitable.
I think the longer I wait the worse my chances are. I’m not sure of a statute of limitations, but I have my appointment now so it is what it is. Hopefully I don’t get pozzed. If I’m in there < an hour and in court < an hour, both of which should be the case, my hourly should be at least as higher as my poker hourly if I have any reasonable chance of winning. If I win, it might let me skip a session when the risk of spread is really high, which would be nice.
I don’t get this. Why?
What meb said earlier:
Yeah, I don’t agree with that.
The argument is not about being made whole or not. It’s about what the law says you are due.
If anyone just asks why you waited so long, just say COVID and you’re good.
That’s a good point regarding blaming COVID. I agree about what the law says is due, but we all know how this country tends to work so we’ll see.
This is actually true, probably not for any legal reasons, but for the same reason you’re not pursuing this as hard now as you wanted to a few months ago.
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