Security Deposit Laws
Maximum Amount: For the first year of tenancy, a landlord may collect up to 2 months’ rent as a security deposit. If the tenancy continues beyond the first year, the landlord must refund any amount in excess of 1 month’s rent. Once a tenant has remained in possession of a residence for five years, the landlord cannot increase the security deposit any further, regardless of any rent increases (68 P.S. § 250.511a).
- Receipt Required? Yes. For any security deposits exceeding $100, the landlord must keep the funds in an escrow account at a government-regulated financial institution in Pennsylvania, and inform the tenant in writing of the name and address of the institution (68 P.S. § 250.511b(a)). Beginning in the third year of tenancy, the landlord is required to pay the tenant any accrued interest (minus a 1% administrative fee) annually (68 P.S. § 250.511b(b)).
Return Period: The landlord must return the security deposit, minus any lawful deductions, within 30 days after the termination of the tenancy or surrender of premises (68 P.S. § 250.512(a)).
- Itemized List Required? Yes. If withholding funds for unpaid rent or actual damage beyond normal wear and tear, the landlord must provide an itemized written accounting within the 30-day return window (68 P.S. § 250.512(a)).
Landlord Disclosures
Certificate of Rental Suitability: In Philadelphia, the owner of any property that requires a rental license must provide every new tenant with a Certificate of Rental Suitability issued by the City no more than 60 days prior to the beginning of the tenancy, along with a copy of the Partners in Good Housing Brochure (Philadelphia Code § 9-3903).
Lead-Based Paint Disclosure: For residential structures constructed before January 1, 1978, landlords must distribute the federal EPA Lead Hazard Pamphlet (PDF) and disclose any known lead-based paint hazards before lease execution (40 CFR § 745.113).
Smoking Policy Disclosure: All rental agreements of multi-family buildings in Philadelphia must specify the smoking policy of the premises (Philadelphia Code § 9-805). This is included in the Pennsylvania Standard Residential Lease Agreement.
Sample
Download: PDF, MS Word (.docx)
