Pennsylvania Security Deposit Demand Letter
In Pennsylvania a landlord must give you a written list of damages and pay the difference within 30 days. Miss the list, and the landlord forfeits the right to withhold. Fail to pay the difference, and the landlord owes double. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Pennsylvania tenant sends a former landlord to recover a security deposit that has not been returned, before filing suit. Under the Landlord and Tenant Act of 1951, 68 P.S. Section 250.512(a), within 30 days of the termination of a lease or upon surrender and acceptance of the premises, whichever first occurs, the landlord must give the tenant a written list of any damages the landlord claims the tenant is liable for, and must pay the difference between the escrow deposit (including any unpaid interest) and the actual damages caused by the tenant. A landlord who fails to provide that written list within 30 days forfeits all rights to withhold any part of the escrow funds and to sue the tenant for damages to the premises (Section 250.512(b)). If the landlord fails to pay the tenant that difference within 30 days, the landlord is liable in assumpsit for double the amount by which the escrow sum exceeds the actual damages caused by the tenant, and the landlord carries the burden of proving those actual damages (Section 250.512(c)). Nothing in the section bars the landlord from refusing to return the escrow fund for nonpayment of rent or for breach of any other lease condition (Section 250.512(a)). If the demand is ignored, a Pennsylvania tenant can sue before a magisterial district judge, whose civil jurisdiction reaches $12,000, exclusive of interest and costs (42 Pa. C.S. Section 1515(a)(3)), and the deadline to sue on a written lease is four years (42 Pa. C.S. Section 5525(a), (a)(8)). DocDraft builds your Pennsylvania security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
A security deposit demand letter is a written demand a Pennsylvania tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to court.
- 2
Within 30 days of termination of the lease or surrender and acceptance of the premises, whichever first occurs, the landlord must give the tenant a written list of any claimed damages and pay the difference between the escrow deposit and the actual damages caused by the tenant (68 P.S. Section 250.512(a)).
- 3
A landlord who fails to provide that written list within 30 days forfeits all rights to withhold any part of the escrow funds and to bring suit against the tenant for damages to the premises (68 P.S. Section 250.512(b)).
- 4
If the landlord fails to pay the tenant the difference within 30 days, the landlord is liable in assumpsit for double the amount by which the escrow sum, including unpaid interest, exceeds the actual damages caused by the tenant (68 P.S. Section 250.512(c)).
- 5
The landlord bears the burden of proving the actual damages to the premises caused by the tenant (68 P.S. Section 250.512(c)).
- 6
Nothing in the section bars the landlord from refusing to return the escrow fund for nonpayment of rent or for breach of any other condition in the lease (68 P.S. Section 250.512(a)).
- 7
If the demand is ignored, a Pennsylvania tenant can sue before a magisterial district judge, whose civil jurisdiction reaches $12,000, exclusive of interest and costs (42 Pa. C.S. Section 1515(a)(3)); the deadline to sue on a written lease is four years (42 Pa. C.S. Section 5525(a), (a)(8)).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Pennsylvania Requirements for Security Deposit Demand Letter
30-Day Written List and Payment of the Difference
Within 30 days of termination of the lease or surrender and acceptance of the premises, whichever first occurs, the landlord must give the tenant a written list of any claimed damages and pay the difference between the escrow deposit, including unpaid interest, and the actual damages caused by the tenant (68 P.S. Section 250.512(a)). Your demand letter should state that this deadline has passed.
Forfeiture If No Written List Within 30 Days
A Pennsylvania landlord who fails to provide the written list of damages within 30 days forfeits all rights to withhold any part of the escrow funds, including unpaid interest, and to bring suit against the tenant for damages to the premises (68 P.S. Section 250.512(b)). A missed list means the full deposit is due back.
Double Damages for the Unpaid Difference
If the landlord fails to pay the tenant the difference between the escrow sum, including unpaid interest, and the actual damages caused by the tenant within 30 days of termination or surrender and acceptance, the landlord is liable in assumpsit for double the amount by which the escrow exceeds those actual damages (68 P.S. Section 250.512(c)).
Permitted Deductions and Refusal for Rent or Breach
A Pennsylvania landlord may retain escrow only up to the actual damages to the premises caused by the tenant, documented in the written list. The section also lets the landlord refuse to return the escrow fund for nonpayment of rent or for breach of any other condition in the lease (68 P.S. Section 250.512(a)).
Landlord Bears the Burden of Proving Damages
In a dispute over the deposit, the burden of proving the actual damages to the premises caused by the tenant is on the landlord (68 P.S. Section 250.512(c)). Charges the landlord cannot substantiate can be disputed in your demand letter.
Security Deposit Caps
A Pennsylvania landlord may not require a security deposit exceeding two months' rent during the first year of a lease, and may not require more than one month's rent to remain on deposit during the second and later years (68 P.S. Section 250.511a). A deposit demanded above these caps can be challenged.
Provide a New Address in Writing and Send With Proof of Delivery
Give the landlord your new address in writing upon termination or surrender; a tenant's failure to provide a new address in writing can relieve the landlord of liability under the Act (68 P.S. Section 250.512(e)). Send the demand using a trackable method such as certified mail with return receipt, and keep a copy and the delivery record.
Court Venue and Deadline to Sue
If the demand is ignored, a Pennsylvania deposit claim is filed before a magisterial district judge, whose civil jurisdiction reaches $12,000, exclusive of interest and costs (42 Pa. C.S. Section 1515(a)(3)); Philadelphia uses the Municipal Court. The deadline to sue on a written lease is four years (42 Pa. C.S. Section 5525(a), (a)(8)).