Purpose
The security deposit is the money the tenant gives the landlord when first renting the apartment or house. It is intended to cover damages that might be caused by the tenant during the term of the lease.
Amount of your deposit.
In Pennsylvania, the security deposit can be up to two months of rent in the first year. The amount of the security deposit paid to the landlord should be written on the lease and you should get a receipt for the security deposit for your records. NEVER GIVE YOUR LANDLORD MONEY WITHOUT GETTING A RECEIPT!
Bank account and interest
If the security deposit is over $100, your landlord must put it in a bank account after the second year and give you written notice of the name and address of the bank and the amount of the deposit Interest on the security deposit during the first year belongs to the landlord. After the first year, the tenant is entitled to the interest on a security deposit over $100.
Getting your deposit back.
One of the main concerns for a tenant who is leaving an apartment is to get back the full security deposit. When the lease is ended or when you give the apartment back to the landlord you must give him/her your address in writing and surrender your keys to the apartment .
In Pennsylvania, a landlord must do one of the following within thirty (30) days of the end of the lease or the surrender of the apartment (whichever occurs first)
- return the full security deposit
- give the tenant an itemized list of damages and return whatever security deposit is left after damages.
If you fail to give the landlord your new address in writing the landlord is not responsible for returning the deposit within thirty (30) days. If the itemized list of damages is not given in writing, the landlord gives up his/her right to sue the tenant for damages to the unit.
Suing for your deposit.
Pennsylvania law allows tenants to sue for twice the amount of their security deposit if the landlord improperly refuses to return the money. You can sue your landlord in magisterial district justice (MDJ ) court for the area where your apartment is located.
The MDJ will help you fill out the complaint. You’ll have to pay the filing costs unless you are very poor in which case you can ask the court to waive yhe filing fees. Your landlord may be ordered to pay these costs back to you. If the landlord does not return the security deposit within 30 days, the tenant can sue for double the amount withheld as damages, but only if the tenant gives the landlord the forwarding address in writing at the end of the lease. If this is the case be sure to say that you want to sue your landlord for double damages (ask for twice the amount of the security deposit).
The MDJ will set up hearing, give you a copy of your complaint, and will serve a copy on your landlord.
Bring with you, to the hearing the following:
- all rent receipts (or canceled checks.).
- security deposit receipt (or canceled check).
- list of damages when you moved in.
- pictures or videos.
- witnesses whose saw you pay the deposit and/or who know the condition of your apartment when you moved in and moved out.
- your copy of the letter that you sent to the landlord, giving him your forwarding address.
At the hearing, you will have to prove that:
- you paid all your rent;
- you paid a security deposit;
- you did not cause any damages, and that you left the apartment in the condition it was in when you moved in; and.
- you gave your landlord written notice of your forwarding address.
It is always a good idea to talk to a lawyer before suing for your security deposit. A lawyer can help you decide if you have a good case. If you cannot afford a lawyer, you may want to look at the NPLS video on how to represent yourself in MDJ court. This video is available in everyNPLS office and many public libraries and many other locations.
Call the local MDJ office, NPLS , or the local lawyer referral service for more information on recovering your security deposit (See the Knowledge Base article on Legal Concerns).
08/14/08
