Security Deposits

This section of PALawHelp.org has information and resources about Security Deposit issues in Pennsylvania.

Security Deposits

WHEN YOU rent a house, apartment, or mobile home, you usually have to pay a security deposit to your landlord to cover possible damage to the premises or rent still owing when you move. Pennsylvania law limits how much a landlord can charge a residential tenant for a security deposit and states when and how the deposit should be returned to you.

The amount your landlord can charge as a security deposit depends on how long you have lived in your home. During the first year you live in a place, your landlord can charge no more than two months' rent as a security deposit. After you have rented a place for more than one year, the landlord can charge no more than one month's rent as a security deposit. If your landlord charged more than that when you moved in, then your landlord must return everything above that amount. If you have lived in a place more than two years and your deposit was more than $100, there are specific rules about how landlords must handle security deposit money. More information . . .

If your rent goes up, your landlord can raise your security deposit, within the certain limits.  More information . . .

If you want to get your security deposit back when you move (or are evicted), the most important thing for you to do is to give your landlord written notice of your new address. Do this just before or at the time you move. If you are not sure of your new address, give the landlord the address of a friend or relative, or a post office box, where you know you can be reached by mail. It's a good idea to send the notice by certified mail, return receipt requested, so you have proof that your landlord received the notice. 

If you have given written notice of your new address, the law says that within 30 days after the end of the lease, your landlord must either return your entire deposit or give you a written list of any damage the landlord claims you caused and pay you the remainder of the deposit.

The law allows a landlord to keep all or part of a security deposit to cover other money you may owe under the lease, including rent. If you owe rent, the landlord can keep that money from your deposit without giving you any special written notice. If the security deposit isn't large enough to cover all the back rent or damage, your landlord can sue you for the balance.

If your landlord doesn't give you a written list of damage within 30 days, then the landlord loses the right to keep any part of your deposit and loses the right to sue you for damage to the property. If you have given your landlord your new address, in writing, and your landlord does not return the difference between your deposit and actual damage within 30 days, then you can sue in court to recover double the difference between the security deposit and the amount of damage you actually caused.  Continue reading for more information on security deposits . . . 

Additional information related to security deposits can be found below.

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