Getting The Deposit Back
Landlord & Tenant Act 512 — 30 days, a written list, and double the difference
| During the lease | The most a landlord may require as a deposit |
|---|---|
| During the leaseThe first year | The most a landlord may require as a depositTwo months' rent |
| During the leaseThe second and later years, or a renewal | The most a landlord may require as a depositOne month's rent |
| During the leaseA tenant in possession five years or more | The most a landlord may require as a depositA rent increase does not require a larger deposit |
The landlord has 30 days to send a written list of damages with the balance. Within 30 days after the lease ends, or after the tenant surrenders and the landlord accepts the premises, whichever comes first, the landlord gives the tenant a written list of damages the landlord says the tenant is liable for, with payment of the difference between the deposit, with any unpaid interest, and the actual damages. The landlord may still keep the deposit for unpaid rent or another breach of the lease.
| What happened | What the act says |
|---|---|
| What happenedNo written list within 30 days | What the act saysThe landlord forfeits all right to withhold any of the deposit, or to sue the tenant for damage to the premises |
| What happenedThe balance not paid within 30 days | What the act saysThe landlord is liable for double the amount by which the deposit exceeds the actual damages |
| What happenedA suit over it | What the act saysThe landlord has the burden of proving actual damages |
Without a new address in writing, the landlord is relieved of this liability. A tenant who does not give the landlord a new address in writing when the lease ends, or on surrender and acceptance, relieves the landlord of any liability under the section.
Deposits over $100 held more than two years go into an interest bearing escrow account, and after the second anniversary the tenant receives the interest, less a one percent administrative fee, each year. A waiver of these sections in a lease is void. They apply to residential leases only.
Sources for this section (3)
- Landlord & Tenant Act 512 — Recovery of improperly held escrow funds
- Landlord & Tenant Act 511.1 — Escrow funds limited
- Landlord & Tenant Act 511.2 — Interest on escrow funds held more than two years
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.