| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent
Costs of damage Expenses due to breach of lease |
| Return Deadline | 30 days |
| Itemized Deductions | Required |
| Penalty for Late Return | 2x Amount Due |
For laws on security deposit collections and holdings in Pennsylvania, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Pennsylvania
Pennsylvania allows these deductions from a security deposit:
- Unpaid rent
- Costs of damage excluding normal wear and tear
- Expenses due to a breach of the lease
Most states, including Pennsylvania, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Pennsylvania?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Pennsylvania?
Landlords can charge for replacing the carpet if it is damaged beyond ordinary wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Pennsylvania?
Pennsylvania landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Pennsylvania?
Pennsylvania landlords are allowed to charge a cleaning fee but only as necessary to bring the unit to the state it was in at the start of the lease term. Beyond that, landlords can only charge cleaning costs against the security deposit as agreed in the lease.
Can the Landlord Charge for Painting in Pennsylvania?
Pennsylvania landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Pennsylvania
Landlords must return a security deposit with interest, if due, and a written list of damages, if any, no later than 30 days after the end of the tenancy.
How Long Do Landlords Have to Return Security Deposits in Pennsylvania?
Landlords have 30 days from the end of the lease or the day the tenant vacates the premises, whichever is earlier, to return the security deposit with any interest due to the tenant.
Do Landlords Owe Interest on Security Deposits in Pennsylvania?
Landlords owe interest on security deposits in Pennsylvania after the second year of the lease. The interest earned must be paid to the tenant every year on the anniversary of the lease. However, the landlord may take 1% of the security deposit as an administration fee which means there may be no interest due to the tenant.
How Do Landlords Give Notice in Pennsylvania?
The security deposit must be delivered with a written list of damages, if any, to the tenant’s forwarding address.
If the tenant fails to provide the landlord with a forwarding address, in writing, the landlord shall be relieved from all liability.
Can a Security Deposit Be Used for Last Month’s Rent in Pennsylvania?
Pennsylvania law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Pennsylvania
If landlords do not return the security deposit within the 30-day period, tenants can file a claim in court for up to twice the amount due to the tenant.
Tenants can also take legal action against a landlord for:
- Failure to provide written notice when deductions are made from a security deposit
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Pennsylvania?
If a landlord fails to uphold their responsibilities to the tenant in returning the security deposit, the tenant can sue for a maximum amount of $12,000 in Small Claims Court, also known as Municipal Court in Philadelphia, or Magisterial District Court throughout the rest of Pennsylvania.
A small claims case must be filed within 4 years and an attorney is not required. Cases are filed in the court for the zip code where the property is located. Filing fees are $55 to $137 depending on the amount sought in damages and other factors.
Sources
- 1 68 Pa. Stat. § 250.512(a) & (b)
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(a) Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Delivery of the list shall be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing in this section shall preclude the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant.
(b) Any landlord who fails to provide a written list within thirty days as required in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises.
Source Link - 2 68 Pa. Stat. § 250.511a(c)
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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.
Source Link - 3 68 Pa. Stat. § 250.511b(b) & (c)
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(b) Whenever any money is required to be deposited in an interest-bearing escrow savings account, in accordance with section 511.1, then the lessor shall be entitled to receive as administrative expenses, a sum equivalent to one per cent per annum upon the security money so deposited, which shall be in lieu of all other administrative and custodial expenses. The balance of the interest paid shall be the money of the tenant making the deposit and will be paid to said tenant annually upon the anniversary date of the commencement of his lease.
(c) The provisions of this section shall apply only after the second anniversary of the deposit of escrow funds.
Source Link - 4 68 Pa. Stat. § 250.512(e)
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Failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section.
Source Link - 5 68 Pa. Stat. § 250.512(c)
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If the landlord fails to pay the tenant the difference between the sum deposited, including any unpaid interest thereon, and the actual damages to the leasehold premises caused by the tenant within thirty days after termination of the lease or surrender and acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the amount by which the sum deposited in escrow, including any unpaid interest thereon, exceeds the actual damages to the leasehold premises caused by the tenant as determined by any court of record or court not of record having jurisdiction in civil actions at law. The burden of proof of actual damages caused by the tenant to the leasehold premises shall be on the landlord.
Source Link - 6 42 Pa. C.S. § 1515(a)(3)(i)
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Except as otherwise prescribed by general rule adopted pursuant to section 503 (relating to reassignment of matters), magisterial district judges shall, under procedures prescribed by general rule, have jurisdiction of all of the following matters:
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(3) Civil claims, except claims against a Commonwealth party as defined by section 8501 (relating to definitions), wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, in the following classes of actions:
(i) In assumpsit, except cases of real contract where the title to real estate may be in question.
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A plaintiff may waive a portion of his claim of more than $12,000 so as to bring the matter within the monetary jurisdiction of a magisterial district judge. Such waiver shall be revoked automatically if the defendant appeals the final order of the magisterial district judge or when the judgment is set aside upon certiorari.
Source Link - 7 42 Pa. C.S. § 5525(a)(3), (a)(5), & (a)(8)
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Except as provided for in subsection (b), the following actions and proceedings must be commenced within four years:
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(3) An action upon an express contract not founded upon an instrument in writing.
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(5) An action upon a judgment or decree of any court of the United States or of any state.
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(8) An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise, except an action subject to another limitation specified in this subchapter.
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