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

What the law says

1. 1

   The security deposit is your money. Your landlord holds it only as protection in case you damage the home or do not pay rent. It is not extra income for the landlord.

   Source:

   1. p. 7, Pennsylvania Office of Attorney General. A government guide.
2. 2

   In the first year of a lease, the deposit cannot be more than 2 months of rent. For example, if your rent is $1,200 a month, the most the landlord can collect is $2,400.

   Source:

   1. 68 P.S. § 250.511a(a), Pennsylvania General Assembly. Law.
3. 3

   From the second year of the lease on, the cap drops to 1 month of rent. With $1,200 rent, the landlord may hold at most $1,200 once your second year starts. If they hold more than that, ask in writing for the extra money back.

   Source:

   1. 68 P.S. § 250.511a(b), Pennsylvania General Assembly. Law.
4. 4

   After the deposit has been held for 2 full years, stricter rules start. Deposit money over $100 must be held in an escrow (a separate bank account that holds your money). The landlord must tell you in writing which bank holds the money, the bank address, and the amount.

   Source:

   1. 68 P.S. § 250.511b(c), Pennsylvania General Assembly. Law.
5. 5

   This rule covers a deposit of more than $100. Once the deposit has been held for more than 2 years, the interest it earns belongs to you. The landlord may keep a yearly fee of 1% of the deposit: 1% of a $1,200 deposit is $12 a year. The landlord must pay you the rest of the interest every year on the date your lease began.

   Sources:

   1. 68 P.S. § 250.511b(c), Pennsylvania General Assembly. Law.
   2. p. 8, Pennsylvania Office of Attorney General. A government guide.
6. 6

   After you have lived in the home for 5 years or more, a rent increase cannot force the deposit up. Your deposit stays the same even when the rent rises.

   Source:

   1. 68 P.S. § 250.511a(d), Pennsylvania General Assembly. Law.
7. 7

   Your landlord has 30 days to act. They must send you a written list of any damage they say you caused. They must also send the deposit money left after those repair costs. The 30 days are counted from the day the lease ends or the day you hand the keys back, whichever comes first.

   Sources:

   1. 68 P.S. § 250.512(a), Pennsylvania General Assembly. Law.
   2. p. 11, Pennsylvania Office of Attorney General. A government guide.
8. 8

   If no written damage list reaches you within 30 days of your move-out, the landlord loses the right to keep any of the deposit. They also lose the right to sue you for damage to the home.

   Source:

   1. 68 P.S. § 250.512(b), Pennsylvania General Assembly. Law.
9. 9

   The deposit does not only cover damage. If you owe rent or broke a rule in the lease, the landlord can keep deposit money for that too.

   Source:

   1. 68 P.S. § 250.512(a), Pennsylvania General Assembly. Law.
10. 10

    The lease cannot take these deposit rights away from you. If the lease says you give them up, the court will not enforce that part of the lease.

    Source:

    1. 68 P.S. § 250.512(d), Pennsylvania General Assembly. Law.

Ask for your deposit back

11. 11

    Do 2 things when you move out. First, give the landlord your new address in writing and keep a copy. Then return the keys. If you never give the new address in writing, Pennsylvania's deposit penalties stop protecting you.

    Sources:

    1. 68 P.S. § 250.512(e), Pennsylvania General Assembly. Law.
    2. p. 11, Pennsylvania Office of Attorney General. A government guide.
12. 12

    Build your proof early. At move-in, write down all damage that is already there, take photos, keep a copy for yourself, and give a copy to the landlord. At move-out, clean the home and photograph every room on the day you leave.

    Source:

    1. p. 11, Pennsylvania Office of Attorney General. A government guide.

If your landlord does not pay

13. 13

    The landlord must pay you what they owe within 30 days of your move-out. If they miss that deadline, a court can make them pay 2 times the amount they wrongly held. Example: the deposit was $1,000 and the landlord proves $200 of damage, so they owe you $800. The court can award you 2 times $800, which is $1,600. You get this money only if you win your case and your landlord pays.

    Sources:

    1. Our editorial rules.
    2. 68 P.S. § 250.512(c), Pennsylvania General Assembly. Law.
    3. p. 11, Pennsylvania Office of Attorney General. A government guide.

Going to court

14. 14

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

    Source:

    1. 68 P.S. § 250.512(c), Pennsylvania General Assembly. Law.