Pennsylvania law protects tenants with clear rules about security deposits. Know these rules to protect yourself and ensure you get your money back.
Maximum Security Deposit
Pennsylvania Security Deposit Limits
If your landlord charges more, they're violating Pennsylvania law.
Example
For a $1,500/month apartment:
- First year maximum: $3,000 (2 months)
- Second year maximum: $1,500 (1 month)
After the first year, your landlord must return the excess or apply it to rent.
Return Timeline
30 Days to Return
Your landlord has 30 days after you move out to either:
- Return the full deposit, OR
- Return the deposit minus deductions with a written itemized list
What If They Miss the Deadline?
If your landlord doesn't return your deposit (or provide an itemized list of deductions) within 30 days, they forfeit the right to keep any of it. You can sue for the full amount plus interest.
Allowed Deductions
Landlords can only deduct for:
Legal Deductions
- Unpaid rent
- Damage beyond normal wear and tear
- Breach of lease (early termination, etc.)
- Unpaid utilities you were responsible for
Normal Wear and Tear
Landlords cannot deduct for normal wear and tear. Examples:
✓ Normal Wear (Can't Deduct)
- • Minor scuffs on walls
- • Faded paint
- • Worn carpet in high-traffic areas
- • Small nail holes from hanging pictures
- • Minor appliance wear
✗ Damage (Can Deduct)
- • Holes in walls
- • Stained/burned carpet
- • Broken windows or doors
- • Missing fixtures
- • Pet damage
Interest on Security Deposits
For buildings with 25+ units, if the security deposit is held for more than 2 years:
- Landlord must put it in an escrow account
- You're entitled to interest minus 1% administrative fee
- Interest should be paid annually or credited to rent
How to Protect Yourself
Move-In Checklist
- Document everything — Take photos/videos of the entire unit
- Note existing damage — Make a written list
- Date everything — Include timestamps on photos
- Share with landlord — Email the list/photos so there's a record
- Keep copies — Save everything in the cloud
Move-Out Checklist
- Clean thoroughly — Leave it as clean as you found it
- Document again — Take photos/videos before leaving
- Provide forwarding address — In writing, keep a copy
- Request walkthrough — Ask for a move-out inspection
What If Landlord Won't Return It?
Steps to Take
- 1.Send a demand letter — In writing, certified mail, request return within 10 days
- 2.Document the timeline — Note all dates and communications
- 3.File in small claims court — For amounts under $12,000 in PA
- 4.Contact legal aid — If needed: Community Legal Services (215) 981-3700
Small Claims Court
In Pennsylvania, you can sue in small claims court (Magisterial District Court) for amounts up to $12,000. The process is:
- File a complaint at your local district court
- Pay a small filing fee (~$50-100)
- Serve the landlord
- Present your case (bring all documentation)
Resources
- Community Legal Services — (215) 981-3700 — Free legal help
- Philadelphia Tenant Hotline — (267) 443-2500
- Philadelphia Tenant Rights Guide