The Digital Collegian - Published independently by students at Penn State
NEWS
[ Monday, Feb. 2, 2004 ]

Students filing suit against landlord

Collegian Staff Writer

Some students in State College complain about their landlords, and Adam Freedgood is no different.

Except one thing.

Freedgood (junior-marketing) and his roommates are in the process of suing their landlord, GN Associates, for security deposit fraud for an estimated $5,173.

"I'm angered they are doing this, because if they are doing it to us, it could be happening to hundreds of other students," Freedgood said.

While Freedgood works on his case without a lawyer, the Pennsylvania attorney general announced Thursday that he has filed a lawsuit against another apartment realtor, S.C. Sun Corporation, 422 Clay Ave., on behalf of several students who have not had security deposits returned.

Freedgood and his roommates started questioning GN's claims in September of 2003.

"We started it just after the partial refund was returned," Freedgood said.

The tenants were given roughly half of their initial $1,550 security deposit back, along with a checklist of the damages for which GN, 119 S. Burrowes St., charged them.

Freedgood and his roommates then requested a copy of their move-in checklist to compare the list and the charges deducted from their deposit. After reviewing these lists, the roommates sent a letter to GN citing discrepancies in the charges.

Freedgood said GN returned a letter about two weeks later stating that the charges stand. "The letter had spelling errors and wasn't even signed," Freedgood said.

Upon receiving the letter, Freedgood felt they still were not being treated fairly. Freedgood and his roommates then filed a complaint with the Bureau of Consumer Protection in State College. GN sent a letter to the bureau explaining the charges, some of which had been dropped from GN's initial letter sent to Freedgood.

"This was proof they didn't consider the first letter we wrote, because things had been changed," Freedgood said.

Freedgood said they were initially charged for professional cleaning of barstools in the apartment, even though they had noted the stains on the move-in checklist.

In the letter to the bureau of protection, GN stated they had reviewed the file and inspection forms and found the noted stain on the checklist and issued a refund for the cleaning charge.

Because the only refund they were awarded was for the barstool cleaning, the students felt they still were owed money and decided to file a lawsuit against GN.

Representatives from GN Associates would not comment on security deposit policies or possible lawsuits by students.

Tim Shirey, an investigative agent for State College's Bureau of Consumer Protection, said that once a claim is made, agents ask the business to respond and give evidence of the charges. "We try to mediate the complaint between the landlord and tenant," Shirey said.

If the complaints are minimal, and there is proof that fraud is involved, Shirey said he warns the landlord of the violations and files the complaints. If they still are not resolved, the bureau will start an investigation to see if litigation is needed.

At the beginning of their process, Freedgood and his roommates sought legal advice from Jose Texidor.

Texidor, a campus-associated attorney who gives free legal advice to Penn State students, said he sees many students throughout the semester, especially regarding tenant-landlord problems. "I see 1,200 students per semester; about half of those students see me about landlord and tenant-related issues, and roughly 80 percent of those half are issues regarding security deposits," Texidor said.

Upon signing a lease, Texidor said students should inspect the apartment prior to moving in. "Take pictures and video and know what's wrong with the place," Texidor said.

To help their case and build evidence, Freedgood and his roommates went to their old apartment and asked the current tenants if they could enter to take pictures, which they were permitted to do.

Texidor also said that when a landlord returns a security deposit, tenants should make sure the landlord has shown why the deductions were made.


PHOTO: Lauren R. Hankey
PHOTO: Lauren R. Hankey
Adam Freegood (junior-marketing), right, and his roommates, left to right, Ryan Hall (junior-finance), Mike McDermott (junior-actuarial science) and Bryan Smith (junior-information sciences and technology) cheer while watching basketball in their apartment. The students are in the process of suing their landlord for security deposit fraud.
 



TOP  HOME
Blogs  About  Contact Us  Back Issues  Advertising 

Copyright © 2009 Collegian Inc.