How do I dispute a security deposit return in Pennsylvania?

Question

Accepted Answer

Pennsylvania's deposit rules appear in the Landlord and Tenant Act of 1951 at 68 P.S. § 250.511a–.512.

1. Deposit Cap

First year: maximum of 2 months' rent.

Second year and beyond: maximum of 1 month's rent (landlord must refund any excess).

Year 3+: deposits over $100 must be held in escrow in a federally regulated banking institution (§ 250.511b).

2. 30-Day Return Rule

Within 30 days after the tenant vacates and provides a written forwarding address, the landlord must either return the full deposit or provide a written list of damages with the balance owed (§ 250.512(a)).

3. Penalty for Failure to Itemize

If the landlord fails to provide the written list within 30 days, they forfeit all rights to withhold any portion and to bring suit against the tenant for damages (§ 250.512(b)).

4. Double-Damage Penalty

A landlord who wrongfully withholds amounts is liable for double the amount wrongfully withheld (§ 250.512(c)). Note: the tenant must have given a written forwarding address — failure to do so limits remedies.

5. Allowed vs. Prohibited Deductions

Permitted: unpaid rent, damages exceeding normal wear and tear. Prohibited: ordinary wear and tear, repainting after a long tenancy, routine cleaning.

6. Magisterial District Court

File in the magisterial district court (MDJ) for the county of the rental property; jurisdictional limit is $12,000. The statute of limitations is 4 years for breach of written contract (42 Pa.C.S. § 5525).

This is legal information, not legal advice.