AG Shapiro Talks Tenants’ Rights in State College

Pennsylvania Attorney General Josh Shapiro says the issue he most consistently hears about from the State College area is tenant complaints about landlords. In fact, he estimates his office’s Bureau of Consumer Protection receives more complaints about leasing practices from here than any other part of the state.

That’s why Shapiro and representatives from the bureau were at Webster’s Bookstore Cafe in State College on Wednesday afternoon — to discuss tenant rights in residential leases and to hear questions and concerns from Penn State students and other community members.

‘We get a lot of complaints about landlords in college towns across Pennsylvania. We get a significant number from here in State College,’ Shapiro said. ‘We’ve already brought a number of legal actions and followed up on a number of complaints. One of the reasons I came here today was to hear directly from the students, parents and advocates in the community to find out what more we can be doing to get some of the helpful information out to people and make sure students are protected when they’re renting apartments off campus.’

Most recently, Shapiro’s office filed lawsuits last July against two State College companies — Associated Realty Property Management and Legacy Realty & Property Management — alleging they wrongly deducted money from security deposits for either items that were not damaged or for normal wear and tear. The attorney general’s office is seeking restitution for tenants, $1,000 for each alleged violation of the Consumer Protection Law and the cost of the investigation.

Both ARPM and LRPM denied any wrongdoing and in court filings said the OAG made sweeping claims with few specifics. ARPM also argued that Shapiro has a ‘convoluted’ interpretation of the Consumer Protection Law and Landlord-Tenant Act for which he has refused to provide guidance. ARPM alleges the lawsuit and others like it amount to a ‘shakedown’ of private businesses.

‘We allege that they took advantage of students, and my job is to protect all Pennsylvanians including college students right here in State College,’ Shapiro said on Wednesday. ‘So they can say whatever they want about me. I’m used to getting those criticisms after we file a suit. But at the end of the day they’re going to pay these students what they owe them.’

A spokesman for Shapiro said a combined 27 complaints were lodged against ARPM and LRPM. Both cases are ongoing.

On Wednesday, Kyla Djannie, deputy attorney general in the Bureau of Consumer Protection, offered steps for tenants to avoid issues with landlords.

‘The best way to avoid any potential issues with your lease or your landlord down the road is to be a smart consumer purchaser up front.’ Djannie said.

That includes watching for big differences between advertised prices and what a landlord actually charges including fees and surcharges, something Djannie said is a ‘red flag.’ Renters also should have a full understanding of what they’re agreeing to when they sign a lease and know that their rights under the Landlord-Tenant Act cannot be waived. Landlords also must clearly explain anything in a lease a tenant does not understand and anything a landlord says is a term should also be spelled out in the lease.

Security deposits can be no more than two months’ rent, must be held in escrow and the landlord must provide in writing the financial institution where it is being held, Djannie said. 

When moving in, tenants should thoroughly document any preexisting damages or areas requiring maintenance, including taking clear pictures, she said. Tenants should inspect the entire unit, not just what is on the landlord-provided checklist.

During the lease, Djannie said, tenants have the ‘right to quiet enjoyment,’ meaning they can bring guests to and use the property within reason without interference. Tenants also must provide reasonable access to landlords for maintenance, repairs and showings, but that they should be given advanced notice. Leases also carry an ‘implied warranty of habitability,’ meaning the landlord must maintain a unit fit for human habitation.

Tenants also must be sure they abide by any rules or regulations specified in the lease or risk being in violation of it.

Move out is ‘where sometimes the leasing relationship can go awry. That’s where we get a lot of complaints,’ Djannie said. Tenants should again inspect the apartment and document preexisting damage or disrepair. Tenants cannot be charged for damage to common areas like hallways and lounges unless the landlord can prove they caused it.

If a tenant does not provide a forwarding address to the landlord ‘you essentially forfeit your security deposit under the Landlord-Tenant Act,’ Djannie said.

A landlord has 30 days to send the former tenant a list of any specific damages and the amount being deducted from the security deposit, as well as the remaining security deposit funds. Security deposits  can only be used for actual damages or unpaid rent or utilities.

‘Double check charges to make sure the landlord is using these for actual damages to the unit. You’re not responsible for normal wear and tear,’ Djannie said.

The mother of a recent Penn State alumnus explained a security deposit problem her family faced. When her son moved out of his apartment after graduation in May, he hired a professional service to clean the unit. The lease lasted until August and the apartment remained empty throughout the summer. But, she said, they had money deducted from their security deposit because of some cobwebs that had formed and a small amount of dirt on the floor she said was tracked in by building staff. As a guarantor on the lease, she said she also was not permitted to do a walk-through with the property manager at the end of the lease.

Tom Creehan, a State College-based agent supervisor for the OAG, said that when the Bureau of Consumer Protection receives a complaint, they send a copy to the landlord and ask for an explanation. 

‘We indicate we understand there are two sides to every story. We just need their side,’ Creehan said. ‘We review both sides, get in touch with both sides and we try to provide a resolution to our consumers, in this case tenants.’

In urgent situations, such as a lockout or utility shutoff, Creehan said ‘we will jump on it right away.’ 

Individuals with a landlord dispute can go to attorneygeneral.gov and click on ‘Submit a Complaint’ or call 717-787-9707. Shapiro’s spokesman said 580 tenant-landlord complaints were filed with the OAG last fall, but the number of complaints by region was not available. 

Shapiro said his office is planning to get more involved with Penn State to offer students advice about off-campus housing decisions, potentially during the off-campus housing fair held in the fall.

‘Hopefully working together we can protect students and hold landlords that are preying on them accountable,’ he said. ‘Most landlords are doing the right thing. Most landlords are following the rules and most students have good experiences. But when they don’t, it’s our job to help protect them and that’s exactly what we’re doing.’