Legal Question in Real Estate Law in Pennsylvania

return of security deposit

When I moved into my apartment over a year agao, I had to pay first and last month's rent as security deposit. A friend told me that there is a law that requires a landlord to return your security deposit after one year. Is this trrue?


Asked on 10/03/97, 5:11 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

PA security deposit on rented apartment

1. Recheck you lease - What was the term - when did the lease end? and was the money paid for the first and last month's rents, or for "security deposit"? You've already used the first month's rent. The last month's rent will apply to the last month of your lease term.

2. Landlord's may require one to two months security deposit, to be applied to any charges you haven't paid or any damages caused during the time you live in the apartment. PA law requires that after the first year, if there were 2 months' worth of security deposit - not first and last month rent - one month's worth should be returned to the tenant. The landlord may keep one month's worth of a security deposit until after you move out.

3. After a tenant moves out at the end of a lease term, the tenant must provide a forwarding address to the landlord. The landlord has a period of 30 days in which to inspect the apartment to determine if there was any damage and to deduct from the security deposit the amount needed to repair the damage and to pay any unpaid charges that the tenant owed. The balance, if any, should then be refunded to the tenant.

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Answered on 10/06/97, 10:42 am


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