Pennsylvania Statewide Rule
Pennsylvania Security Deposit Limits (68 P.S. ss 250.511a-250.512)
Key Facts
- Deposit cap
- 2 months' rent in the first year; 1 month's rent in the second and later years
- Return deadline
- 30 days after lease termination or surrender and acceptance of the premises
- Itemized statement
- Required - written list of damages must accompany the refund of the escrow balance plus interest
- Statute
- 68 P.S. ss 250.511a-250.512 (Landlord and Tenant Act of 1951); interest rule at s 250.511b
- Penalty
- Forfeiture of the right to withhold, plus liability for double the amount wrongfully withheld
Summary
Pennsylvania's Landlord and Tenant Act of 1951 caps a residential security deposit at two months' rent during the first year and one month's rent in the second and later years. Deposits over $100 held more than two years must earn interest. The landlord must return the deposit with a written list of damages within 30 days of move-out.
Section 511.1. Escrow Funds Limited.-(a) No landlord may require a sum in excess of two months' rent to be deposited in escrow for the payment of damages to the leasehold premises and/or default in rent thereof during the first year of any lease. (b) During the second and subsequent years of the lease or during any renewal of the original lease the amount required to be deposited may not exceed one month's rent. (c) If, during the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy, the landlord requires the one month's rent escrow provided herein, upon termination of the lease, or on surrender and acceptance of the leasehold premises, the escrow funds together with interest shall be returned to the tenant in accordance with sections 511.2 and 512.
Full Breakdown
Under 68 P.S. s 250.511a, "No landlord may require a sum in excess of two months' rent" as a deposit "during the first year of any lease," and "during the second and subsequent years of the lease... the amount required to be deposited may not exceed one month's rent." Section 250.511b requires that "all funds over one hundred dollars ($100)" held past the second anniversary be placed in an interest-bearing account, with the tenant receiving the interest annually starting in the third year (the landlord may keep a 1% per year administrative fee). Under 68 P.S. s 250.512, within 30 days of lease termination or surrender the landlord must give the tenant a written list of damages and pay back the balance of the escrow, including interest.
Violations & Penalties
Under 68 P.S. s 250.512, a landlord who fails to provide the written list and refund within 30 days "shall forfeit all rights to withhold any portion" of the deposit and "shall be liable in assumpsit to double the amount" wrongfully withheld above the actual damages.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Pennsylvania?
How long does a landlord have to return a security deposit in Pennsylvania?
What can a landlord deduct from a security deposit in Pennsylvania?
Sources
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