Templates / Security deposit laws / Pennsylvania
Pennsylvania security deposit and move-in inspection rules
What Pennsylvania law says about the deposit — limit, return deadline, deductions, inspections and penalties — taken only from the text of the Landlord and Tenant Act of 1951, 68 P.S. §§ 250.511a–250.512, with a link to the statute text for every rule (the legislature's own site where it can be opened; otherwise a public copy of the same text).
Checked word for word against the statute text on November 2, 2026. This is a plain-English summary, not legal advice; city or county rules and your lease can add to it.
At a glance
| Deposit limit | Two months' rent in the first year; one month's rent from the second year § 511.1(a)-(b) (68 P.S. § 250.511a) |
|---|---|
| Return deadline | 30 days after the lease ends or the unit is surrendered, with a written list of damages § 512(a) (68 P.S. § 250.512) |
| Interest | Owed after the deposit has been held two years (deposits over $100); landlord may keep 1% a year § 511.2(b)-(c) (68 P.S. § 250.511b) |
| Where the deposit is held | Escrow at a regulated bank (after two years), or a guarantee bond § 511.2(a), (c) (68 P.S. § 250.511b) |
| Move-in documentation | No state requirement details |
| Missed 30-day list | Landlord loses the right to keep any of the deposit or to sue for damages § 512(b) |
| Penalty | Double the amount wrongly withheld § 512(c)-(d) |
How much can the deposit be?
During the first year of a lease the deposit can be at most two months' rent. From the second year on, and on any renewal, the landlord may require at most one month's rent. After a tenant has lived in the unit five years or more, a rent increase cannot be used to raise the deposit. A lease clause waiving these limits is void (§ 511.1(f)). The caps apply only to residential rentals (§ 511.1(e)).
“No landlord may require a sum in excess of two months' rent to be deposited in escrow for the payment of damages to the leasehold premises and/or default in rent thereof during the first year of any lease.”
“During the second and subsequent years of the lease or during any renewal of the original lease the amount required to be deposited may not exceed one month's rent.”
“Whenever a tenant has been in possession of premises for a period of five years or greater, any increase or increases in rent shall not require a concomitant increase in any security deposit.”
Where the deposit must be kept
Deposits over $100 must be kept in an escrow account at a federally or state-regulated bank or savings institution, and the landlord must tell each tenant in writing the bank's name and address and the amount deposited. Instead of escrow, the landlord may post a guarantee bond from a bonding company authorized in Pennsylvania (§ 511.3). The text says § 511.2 applies only after the second anniversary of the deposit.
“When any funds are deposited in any escrow account, interest-bearing or noninterest-bearing, the lessor shall thereupon notify in writing each of the tenants making any such deposit, giving the name and address of the banking institution in which such deposits are held, and the amount of such deposits.”
“The provisions of this section shall apply only after the second anniversary of the deposit of escrow funds.”
“The guarantee of repayment of said escrow funds shall be secured by a good and sufficient guarantee bond issued by a bonding company authorized to do business in Pennsylvania.”
Move-in inspection and photos
No state statute. Article V of the Landlord and Tenant Act (§§ 511.1–512) contains no move-in or move-out inspection, checklist or condition-report requirement. Because the landlord must prove the damage in court (§ 512(c)), a dated move-in record is still the landlord's evidence.
When the deposit must be returned
Within 30 days after the lease ends or the landlord accepts the tenant's surrender of the unit, whichever comes first, the landlord must give the tenant a written list of damages it claims and pay back the rest of the deposit with any unpaid interest. A tenant who does not give the landlord a new address in writing when leaving relieves the landlord of liability under § 512.
“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.”
“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.”
What the itemized statement must include
The statute requires a written list of the damages the landlord says the tenant is liable for, delivered together with payment of the difference between the deposit (plus unpaid interest) and the actual damages. It sets no other format and does not require receipts.
“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.”
Objections and missed deadlines
A landlord who does not send the written list within 30 days loses the right to keep any part of the deposit or its interest, and loses the right to sue the tenant for damage to the unit.
“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.”
What can and cannot be deducted
The landlord may keep the actual damages the tenant caused to the unit, and may also refuse to return the deposit for unpaid rent or for breach of any other lease condition. The statute does not mention normal wear and tear. In a lawsuit, the landlord carries the burden of proving the actual damages.
“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.”
“The burden of proof of actual damages caused by the tenant to the leasehold premises shall be on the landlord.”
Interest on the deposit
Interest starts only after a deposit has been held two years. From then on, when the deposit is in an interest-bearing escrow account, the landlord may keep 1% a year as an administrative fee. The rest of the interest belongs to the tenant and is paid every year on the anniversary of the lease start. No interest rule applies in the first two years or to deposits of $100 or less (§ 511.2(a), (c)).
“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.”
Penalties for keeping a deposit wrongly
If the landlord does not pay back the difference between the deposit (plus unpaid interest) and the actual damages within 30 days, it owes the tenant double the amount by which the deposit exceeds the actual damages, as a court decides. The statute provides no attorney's fees. A lease clause waiving § 512 is void.
“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”
“Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable.”
Record the condition on move-in day
Most deposit disputes come down to one question: what did the place look like when the tenant moved in? A dated, room-by-room record signed by both sides answers it.
- Walk every room together before the keys change hands — walls, floors, doors, windows, fixtures, appliances.
- Photograph each defect close up and each room wide, so the photos show where the defect is.
- Note meter readings and the number of keys, fobs and remotes.
- Both sign and date the checklist; each keeps a copy.
- At move-out, repeat the same walk in the same order and compare.
Rental Inspection: Move In/Out is an iPhone app that does the same walk with photos placed in the report.
- Room-by-room checklist with photos
- Both sides sign on the phone
- One dated PDF for the deposit
Questions
How much can a landlord charge for a security deposit in Pennsylvania?
During the first year of a lease the deposit can be at most two months' rent. From the second year on, and on any renewal, the landlord may require at most one month's rent. After a tenant has lived in the unit five years or more, a rent increase cannot be used to raise the deposit. A lease clause waiving these limits is void (§ 511.1(f)). The caps apply only to residential rentals (§ 511.1(e)).
How long does a landlord have to return a security deposit in Pennsylvania?
Within 30 days after the lease ends or the landlord accepts the tenant's surrender of the unit, whichever comes first, the landlord must give the tenant a written list of damages it claims and pay back the rest of the deposit with any unpaid interest. A tenant who does not give the landlord a new address in writing when leaving relieves the landlord of liability under § 512.
What can a landlord deduct from a security deposit in Pennsylvania?
The landlord may keep the actual damages the tenant caused to the unit, and may also refuse to return the deposit for unpaid rent or for breach of any other lease condition. The statute does not mention normal wear and tear. In a lawsuit, the landlord carries the burden of proving the actual damages.
Does a Pennsylvania landlord have to pay interest on a security deposit?
Interest starts only after a deposit has been held two years. From then on, when the deposit is in an interest-bearing escrow account, the landlord may keep 1% a year as an administrative fee. The rest of the interest belongs to the tenant and is paid every year on the anniversary of the lease start. No interest rule applies in the first two years or to deposits of $100 or less (§ 511.2(a), (c)).
Is a move-in inspection required in Pennsylvania?
No state statute. Article V of the Landlord and Tenant Act (§§ 511.1–512) contains no move-in or move-out inspection, checklist or condition-report requirement. Because the landlord must prove the damage in court (§ 512(c)), a dated move-in record is still the landlord's evidence.
What happens if a Pennsylvania landlord keeps a deposit wrongly?
If the landlord does not pay back the difference between the deposit (plus unpaid interest) and the actual damages within 30 days, it owes the tenant double the amount by which the deposit exceeds the actual damages, as a court decides. The statute provides no attorney's fees. A lease clause waiving § 512 is void.
Sources
- Landlord and Tenant Act of 1951, Act of Apr. 6, 1951, P.L. 69, No. 20, Article V, §§ 511.1–512 (68 P.S. §§ 250.511a–250.512) — Official unconsolidated statute text on the Pennsylvania General Assembly site (Chapter 5 = Article V); the newest amendment shown anywhere in the article is dated July 17, 2024.
- Same article, the HTML text that the page above loads into its frame
Other states
14 business days after move-out and the tenant's demand, with an itemized list of deductionsCalifornia
21 days after the tenant moves out, with an itemized statementFlorida
15 days if there is no claim; a claim notice must go by certified mail within 30 daysGeorgia
30 days after the landlord gets the unit back, with a written statement of reasons for anything keptIllinois
Itemized damage statement within 30 days of move-out; with no statement, the full deposit within 45 daysMassachusetts
30 days after the tenancy ends, with a sworn itemized list for any damage deductionNew Jersey
30 days after the lease ends, by personal delivery or registered/certified mailNew York
14 days after the tenant moves out, with an itemized statement — or the landlord loses the right to keep any of itTexas
30 days after the tenant moves out — once the tenant gives a written forwarding addressWashington
30 days after the lease ends and the tenant moves out, with a full and specific statement