Legal Question in Landlord & Tenant Law in Pennsylvania

Security Deposit Recapture

I believe that PA law gives the landlord thirty days after tenant vacated the premises to either refund the full security deposit or receive a detailed report of the cost of repairs. If they do not do this is it true that I am entitled to the full security depoist doubled plus interest? Also, I have a feeling that my landlord will not do anything and I am wondering when, where and how I can commence action against him. In addition, if I commence action first after the thirty days are up and then he sends me a report, can I still move forward to recover damages?

Thanks for any help in this area.

Disgruntled in Pittsburgh


Asked on 6/15/04, 5:16 pm

2 Answers from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Security Deposit Recapture

You are correct on the law.

You cannot file a suit until after the 30 days are up, because he doesn't owe you the money until after he has failed to return it within the period, or give you a detailed listing of deductions from it.

You can file suit at your District Justice's office or at the Prothonotary's office if you want the suit heard by a panel of arbitrators (3 lawyers).

You will have to cite the law you're filing under and put in the complaint all of the facts which entitle you to the payment.

If you file at the DJ level, and lose, you can appeal to arbitration.

If you have any further questions, don't hesitate to contact me. I do practice in Allegheny County as well.

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Answered on 6/15/04, 5:51 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Security Deposit Recapture

Allow me to correct myself. You have to file first at the DJ level because of the small size of the amount in question. Then, appeal to arbitration if you lose there. Sorry for the slip in the last message!!!

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Answered on 6/15/04, 6:11 pm


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