When renting a house, apartment, or mobile home, it is customary to provide your landlord with a security deposit for the rental unit. This deposit serves as a financial protection, intended to cover potential damages to the property or any outstanding rent at the conclusion of your tenancy. An experienced Pennsylvania real estate attorney can advise you on the written agreement with the landlord and take the necessary steps to ensure that your rights as a tenant are protected.
The amount Pennsylvania landlords can charge as a security deposit depends on the duration of your tenancy. According to 68 P.S. §§ 250.511a-250.512, your landlord cannot charge more than two months rent as a security deposit. However, there are certain rules and exceptions to this. After the first year, the landlord cannot charge more than one month’s rent as the tenant’s security deposit. If your initial deposit exceeds this amount, your landlord is obligated to return the excess or you can sue them in a justice court.
If you have resided in a property for five years or more, your Pennsylvania landlord is not permitted to raise the exact amount of the security deposit, even if there is an increase in rent during the lease renewal. This maximum deposit provision is designed to strike a balance between the interests of landlords and the protection of tenants who have established a lengthy and stable rental history.
If you have lived in a rental property in Pennsylvania for more than two years and your security deposit exceeds $100, the landlord is required to deposit it into an interest-bearing account. After the third year, and each subsequent year, you are entitled to receive the interest generated by the deposit, minus 1% to cover the landlord’s expenses.
In certain cases, the landlord must hold the security deposit and the accrued interest in an escrow account with a banking institution. These provisions under landlord-tenant laws ensure that tenants receive a fair share of the interest earned on their security deposits, contributing to a more transparent and equitable landlord-tenant relationship.
In Pennsylvania, landlords are required to return a tenant’s security deposit within 30 days of the end of the lease. This is a breakdown of the key steps and considerations for tenants seeking the return of their Pennsylvania security deposit after leaving a property:
If the landlord fails to return the tenant’s deposit within the specified timeframe or does not provide a written list of damages to the property, you may have legal recourse. If the landlord does not return the difference between the deposit and actual damage within 30 days after a tenant vacates the housing unit, Pennsylvania security deposit laws allow the tenant to sue for double the amount.
Your attorney will review your lease agreement to understand the terms and conditions related to the refund. Generally, if a landlord has not returned the security deposit within 30 days after the end of lease, a written notice requesting the return of the deposit needs to be submitted. You need to make sure to include your new address and send the notice via certified mail with a return receipt requested.
It is important that you keep records of all communication with your landlord, including the written notice, any responses received, and proof of mailing. If possible, retain evidence such as receipts, photographs, or videos documenting the property’s condition when you moved out.
Landlords may have legitimate reasons for deductions under Pennsylvania security deposit law, such as:
A Pennsylvania tenant has the right to dispute security deposit deductions they believe are unjustified under rental agreement law. If your landlord fails to provide a proper itemization of deductions or withholds the security deposit without legitimate cause, you should consult with a qualified attorney.
Attorneys specializing in landlord-tenant law have a deep understanding of Pennsylvania’s security deposit laws. They can provide guidance on your rights and advise you on the best course of action based on the specifics of your case.
Your attorney can carefully review your lease agreement to identify any clauses related to the tenant’s deposit and ensure that your landlord is adhering to the terms outlined in the agreement.
The lawyer can draft and send a formal demand letter to your landlord, clearly outlining your rights, the landlord’s obligations, and the consequences of failing to comply. This formal communication often prompts landlords to take the matter more seriously.
Attorneys are skilled negotiators and can engage in discussions with your landlord to reach a resolution without resorting to legal action. They may also assist in mediation to find a mutually agreeable solution. Most landlords prefer returning the security deposit after making allowable deductions when a qualified tenant rights lawyer in Pennsylvania is in the picture.
In more complex cases or when informal methods fail, your lawyer can take things to court and file a lawsuit against your landlord. If the amount in dispute is less, your attorney can represent you in small claims court. They will ensure that all legal procedures are followed to present a strong case on your behalf.
Whether you are a tenant facing unjust deductions or a landlord dealing with complex tenant issues, the real estate attorneys at Stoner Law can help. Our experienced and dedicated lawyers employ a variety of dispute resolution strategies to achieve a fair and favorable resolution that aligns with your interests. To schedule your free consultation, call us at (267) 214-1609 or fill out this online contact form.
Category: Contract Law
