Pennsylvania security deposit law
Source: 68 P.S. §§ 250.511a–250.512 (Landlord and Tenant Act of 1951, §§ 511.1–512) · Checked against the statute
- Maximum deposit
- Up to 2 months' rent during the first year of a lease; up to 1 month's rent in the second and later years or on renewal. After 5 years in the unit, a rent increase cannot require a larger deposit.
- Return deadline
- 30 days (see details)
- If the landlord keeps it wrongly
- A landlord who does not pay the balance within 30 days owes double the amount by which the deposit (plus unpaid interest) exceeds actual damages (§ 512(c)).
Calculate your Pennsylvania deadline
Choose your state and move-out date to see when your landlord must return the deposit.
When the deposit must be returned
- Within 30 days after the lease ends or the landlord accepts surrender of the unit, whichever comes first, give a written list of damages and pay back the deposit (with any unpaid interest) minus actual damages.
If the tenant does not give a new address in writing when the lease ends or the unit is surrendered, the landlord is relieved of liability under § 512.
Itemized list of deductions
Required: Yes. A written list of any damages to the premises the landlord claims the tenant is liable for, delivered with payment of the balance.
What can and can't be deducted
The statute does not use the phrase. The landlord may keep only the actual damages the tenant caused, plus unpaid rent or other lease breaches. The landlord carries the burden of proving actual damages.
Nonrefundable fees
The statute does not address nonrefundable fees.
Interest, bank account and move-in inspection
- Interest required: Yes. Starting at the second anniversary of the deposit, deposits over $100 must earn interest in an escrow account. The landlord may keep 1% a year as an administrative fee, and the rest is paid to the tenant every year on the lease anniversary.
- Separate account required: Yes. Starting at the second anniversary of the deposit, deposits over $100 must go into an escrow account at a regulated bank, and the landlord must tell the tenant in writing which bank and how much. A landlord may post a guarantee bond in place of escrowing (§ 511.3).
- Move-in inspection required: No. The statute does not require a move-in inspection or condition report.
Penalties and bad faith
A landlord who does not pay the balance within 30 days owes double the amount by which the deposit (plus unpaid interest) exceeds actual damages (§ 512(c)).
No bad-faith showing is required. A landlord who misses the 30-day written list loses all right to withhold any part of the deposit and to sue the tenant for damage to the premises (§ 512(b)).
Getting your deposit back in court
Magisterial district judges hear civil claims up to $12,000, not counting interest and costs (42 Pa.C.S. § 1515(a)(3)). Philadelphia uses the Municipal Court instead. Court information
Before filing, many tenants send a written demand first. Write a Pennsylvania demand letter →
City and county rules
- Philadelphia: Bill No. 250044-A (signed September 3, 2025, effective 90 days later, for leases signed or renewed after adoption) bars deposits above the state limit. If a first-year deposit is more than one month's rent, the tenant may pay one month up front and the rest in 3 equal monthly payments (landlords with 2 or fewer units are exempt). A tenant can recover actual damages or, if they choose, one month's rent, plus attorney's fees.
Also good to know
- Any waiver of §§ 511.1 or 512 in a lease is void.
Sources
- Landlord and Tenant Act of 1951, Article V (§§ 511.1–512), Pa. General Assembly Retrieved October 11, 2026.
- 42 Pa.C.S. § 1515 (magisterial district judge jurisdiction) Retrieved October 11, 2026.
- Philadelphia Bill No. 250044-A (security deposits), certified copy Retrieved October 11, 2026.
Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.