Most states, such as Pennsylvania, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
“Normal wear and tear” is deterioration that occurs naturally as a result of the tenant using the property as it was designed to be used.
“Damage” means destruction to the rental unit that occurs because of abuse or negligence by a tenant during the course of the tenancy.
Landlords can charge for replacing the carpet if it is damaged beyond ordinary wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Landlords in Pennsylvania can charge a tenant for nail holes if they damage the walls in a way that is not a result of ordinary enjoyment of the rental unit.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage and thus, chargeable to the tenant.
In Pennsylvania, landlords are allowed to charge a cleaning fee but only as necessary to bring the unit to the state it was in at the start of the lease term. Beyond that, landlords can only charge cleaning costs against the security deposit if documented in the rental agreement.
In Pennsylvania, landlords can charge for painting, except for normal wear and tear. For example, if the tenant:
Normal wear includes:
Landlords can charge for repainting if the damage is not the result of normal use. This includes stains, large or deep scratches, and water damage.
Landlords must return a security deposit with interest, if due, and a written list of damages, if any, no later than 30 days [3] after the end of the tenancy.
Landlords have 30 days [4] from the end of the lease or the day the tenant vacates the premises, whichever is earlier, to return the security deposit with any interest due to the tenant.
Landlords owe interest on security deposits in Pennsylvania after the second year of the lease. [5] The interest earned must be paid to the tenant every year on the anniversary of the lease. [6] However, the landlord may take 1% of the security deposit as an administration fee [7] which means there may be no interest due to the tenant.
The security deposit must be delivered with a written list [8] of damages, if any, to the tenant’s forwarding address.
If the tenant fails to provide the landlord with a forwarding address, in writing, the landlord shall be relieved from all liability. [9]
Pennsylvania law does not forbid the security deposit from being used for any outstanding rent. [2]
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
If landlords do not return the security deposit within the 30-day period, tenants can file a claim in court for up to twice the amount due to the tenant. [10]
Tenants can also take legal action against a landlord for:
If a landlord fails to uphold their responsibilities to the tenant in returning the security deposit, the tenant can sue for a maximum amount of $12,000 [11] in Small Claims Court, also known as Municipal Court in Philadelphia, or Magisterial District Court throughout the rest of Pennsylvania.
A small claims case must be filed within 4 years [12] and an attorney is not required. Cases are filed in the court for the zip code where the property is located. Filing fees are $55 to $137 depending on the amount sought in damages and other factors.
…payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant…for nonpayment of rent or for the breach of any other condition in the lease by the tenant.
Nothing in this section shall preclude the landlord from refusing to return the escrow fund…for nonpayment of rent…
…within thirty days of termination of a lease…provide a tenant with a written list of any damages…accompanied by payment of the difference between any sum deposited in escrow…
…within thirty days of termination of a lease…provide a tenant with a written list of any damages…accompanied by payment of the difference between any sum deposited in escrow…
If, during the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy…the escrow funds together with interest shall be returned to the tenant…
The balance of the interest paid shall be the money of the tenant making the deposit and will be paid to said tenant annually upon the anniversary date of the commencement of his lease.
…the lessor shall be entitled to receive as administrative expenses, a sum equivalent to one per cent per annum upon the security money so deposited…
…provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable…
Failure of the tenant to provide the landlord with his new address in writing…shall relieve the landlord from any liability under this section.
If the landlord fails to pay the tenant…the landlord shall be liable in assumpsit to double the amount bywhich the sum deposited in escrow, including any unpaid interest thereon, exceeds the actual damages to the leasehold premises caused by the tenant.
…magisterial district judges shall, under procedures prescribed by general rule, have jurisdiction of all of the following matters…civil claims…wherein the sum demanded does not exceed $12,000.
…the following actions and proceedings must be commenced within four years…An action upon an express contract not founded upon an instrument in writing…An action upon a judgment…An action upon a contract…
