Security Deposit Lawsuits
P.C.S.A. Section 250.512 governs recovery of security deposits in Pennsylvania. A Philadelphia Landlord-Tenant Lawyer can assist you in recovery of your security deposit. Under the law, a landlord must provide a list within thirty days of termination of the lease or surrender of the premises, specifying any damages for which the tenant is liable. Delivery of the list shall be accompanied by payment of the difference between the security deposit and the actual amount of damages. The landlord may also refuse to return the security deposit if rent has gone unpaid, or if another condition of the lease is breached.
Pursuant to 250.212(b), any landlord who fails to provide a written list within thirty days forfeits their right to withhold any portion of the deposit, or to bring suit against the tenant for damages to the apartment.
If the landlord fails to return the security deposit and provide a written list of damages, the tenant may sue the landlord for double the amount of the original security deposit. At the hearing, the landlord may present argument that the deposit was withheld because of damages to the premises. The burden will be on the landlord to prove damages.
The right to return of one’s security deposit cannot be waived by contract. This means that a tenant can recover their security deposit, even if language in their lease would otherwise preclude them from making a recovery.
Finally, for the tenant to successfully recover their deposit they must provide the landlord with notice of their new address in writing upon termination. Failure to provide notice relieves the landlord of the obligation to return the funds.
If you are a tenant faced with a landlord who is wrongfully withholding your deposit, contact a Philadelphia Landlord-Tenant lawyer to get your deposit back. Our office handles an array of tenant issues, and is prepared to provide aggressive representation. Call us for a consultation at (267) 535-9776,
City of Philadelphia Anti-Lockout Ordinance
The City Counsel of Philadelphia has passed Chapter 9-1600. This Anti-Lockout Ordinance is a prohibition against unlawful eviction practices. The Ordinance authorizes the local police to assist tenants who have been evicted by their Landlords without court process. The ordinance also imposes penalties on any individual who engages in self-help eviction. For more information on the Ordinance click here.
Appeals in the Philadelphia Court of Common Pleas
Please Note: Case results depend on a variety of factors. Case results listed herein do not guarantee a similar result in your case.