Security Deposit Not Returned in Philadelphia: What Can I Do?

1. Pennsylvania law caps your security deposit. In your first year renting, your landlord can collect at most 2 months of rent. For example, if your rent is $1,200 a month, the most your landlord can collect is $2,400.

   RenterLaw editorial Pennsylvania General Assembly 68 P.S. § 250.511a(a)

   ✓ Sources checked October 3, 2026

2. Philadelphia's ordinance adds a payment choice for a large deposit. It still cannot exceed Pennsylvania's caps. The choice applies only if your first-year deposit is more than 1 month's rent. You choose how to pay. Pay it all at once, or pay 1 month up front plus the rest in 3 equal payments. Payments come no more than once a month, starting the month after your rental begins. This choice does not apply if your landlord manages 2 or fewer rental units.

   City of Philadelphia — Philadelphia Code § 9-804(4)(a)

   ✓ Sources checked September 23, 2026

3. Build your proof early. If damage is not fixed before you move in, make a record of it, with photos if possible. Keep one copy, give one to your landlord, and attach one to the lease. Before you leave, clean the home as well as you can and take photos of its condition.

   Pennsylvania Office of Attorney General p. 4

   ✓ Sources checked October 3, 2026

4. When you move out, give your landlord your new address in writing. Return your keys too. If you do not give your new address in writing, the law frees your landlord from any liability under its deposit-return section.

   Pennsylvania General Assembly 68 P.S. § 250.512(e) Pennsylvania Office of Attorney General p. 11

   ✓ Sources checked October 3, 2026

5. Your landlord must send a written list of damage within 30 days. The 30 days start when your lease ends or you return the home and they accept it, whichever comes first. If no list arrives in time, your landlord loses the right to keep any of your deposit. Your landlord also loses the right to sue you for damage to the home. But the law still lets your landlord keep the deposit for unpaid rent or breaking another lease term.

   Pennsylvania General Assembly 68 P.S. § 250.512(b)

   ✓ Sources checked October 3, 2026

6. Your landlord must pay back your deposit, minus proven damage, within 30 days. The 30 days start when your lease ends, or when you return the home and they accept it. If not, a court can order them to pay 2 times what they wrongly held. Your landlord must prove the damage. Example: your deposit was $1,000 and your landlord proves $200 of damage, so they owe you $800. The court can award $1,600. You get this money only if you win your case and your landlord pays.

   RenterLaw editorial Pennsylvania General Assembly 68 P.S. § 250.512(c)

   ✓ Sources checked October 3, 2026

7. Philadelphia's ordinance also creates its own money penalty. If your landlord keeps your deposit unlawfully, you can ask a court for your real losses. Or, before the judgment (the court's final decision in your case), you can choose a set amount instead: money equal to 1 month's rent. Example: with $1,200 rent, that is $1,200. The court can also order your landlord to pay your attorney's fees and court costs. You get this money only if you win your case and your landlord pays.

   RenterLaw editorial City of Philadelphia — Philadelphia Code § 9-804(4)(c)

   ✓ Sources checked September 23, 2026

8. There are 2 ways to make your landlord follow this deposit rule. File a complaint with Philadelphia's Fair Housing Commission. Or raise it yourself in a court case.

   City of Philadelphia — Philadelphia Code § 9-804(14)

   ✓ Sources checked September 23, 2026

9. If you disagree with your landlord's answer on your deposit, you can sue for it. You get this money only if you win your case and your landlord pays. Before you sue, check that you do not owe your landlord more than your deposit for rent or damage to the home. Go to Municipal Court at 1339 Chestnut Street, 10th floor. Ask to file a Small Claims Complaint. Small claims cases there can seek up to $12,000, not counting interest and court costs.

   RenterLaw editorial PhillyTenant.org How do I sue for my security deposit? Philadelphia Municipal Court Small Claims Court information

   ✓ Sources checked October 3, 2026

10. In court, your landlord must prove the damage they charge you for. You do not have to prove the home was in good condition. If your landlord cannot prove a repair cost, the court will not let them keep that money.

    Pennsylvania General Assembly 68 P.S. § 250.512(c)

    ✓ Sources checked October 3, 2026

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