Legal Question in Civil Rights Law in Pennsylvania

landlord wont give back security deposit


Asked on 10/17/14, 11:10 am

1 Answer from Attorneys

ANDREA G. TILLIS Law Offices of Andrea G. Tillis

Good afternoon,

Under Pennsylvania law, a landlord can request a security deposit from a prospective tenant which assures the landlord that the tenant will return the leased premises to the landlord at the end of the lease term in the same condition as it was given to the tenant, "ordinary wear and tear, excepted." The landlord can use the security deposit to repair any damage done by the tenant during the lease term. If no damage has been done, the landlord is required to return the security deposit to the tenant in full.

You should send written demand to the landlord for the return of your security deposit. If the landlord fails to return your security deposit within 30 days of the date you vacated the property, or fails to inform you why he is keeping the security deposit, you will have to sue the landlord in Magisterial District Court. If the landlord claims that he is retaining the security deposit, he must furnish you with a written list of the damages he is claiming that you did and also the cost of repairing each item of damage.

If the landlord does not reply, or he sends a list of the damage he claims you did, you must file a lawsuit against him in Magisterial district Court. If you prove that you did not damage the leased property and the landlord had no basis for retaining your security deposit, you can ask the Magisterial District Justice to award you all Court costs, Attorneys fees, and treble damages. "Treble damages" means 3 times your security depsit, in addition to your security deposit. So, if your security deposit was $1,000 and treble damages are awarded, you would be entitled to $4,000.

Best of luck,

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Answered on 10/17/14, 2:12 pm


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