What Pennsylvania requires
- Within 30 days after the lease ends, or after the premises are surrendered and accepted if that comes first, the landlord gives the tenant a written list of any damages the landlord claims the tenant is liable for, with payment of the deposit and interest that exceed the actual damages the tenant causedLandlord and Tenant Act of 1951 (68 P.S.), s. 512 (a)
- A landlord who does not give the written list within 30 days forfeits all rights to withhold any part of the deposit and interest, and to sue the tenant for damage to the premisesLandlord and Tenant Act of 1951, s. 512 (b)
- A landlord who does not pay the balance within 30 days is liable for double the amount by which the deposit and interest exceed the actual damages the tenant caused; the landlord bears the burden of proving those damagesLandlord and Tenant Act of 1951, s. 512 (c)
- A tenant cannot waive these deposit protections by contract or otherwise; they apply to residential leasesLandlord and Tenant Act of 1951, s. 512 (d) and (f) ยท Landlord and Tenant Act of 1951, s. 511.1 (e) and (f)
- A deposit for damages or unpaid rent may not exceed two months' rent in the first year of a lease, or one month's rent in the second and later years or on renewalLandlord and Tenant Act of 1951, s. 511.1 (a) and (b)
The 30-day list of damages
Within 30 days after the lease ends, or after the premises are surrendered and accepted if that comes first, give the tenant a written list of any damages you claim the tenant is liable for, with payment of the deposit and interest that exceed the actual damages the tenant caused.
What happens without the list
A landlord who does not give the written list within 30 days forfeits all rights to withhold any part of the deposit and interest, and to sue the tenant for damage to the premises. A landlord who does not pay the balance within 30 days is liable for double the amount by which the deposit and interest exceed the actual damages, and bears the burden of proving those damages.
Deposit limits that cannot be waived
A deposit may not exceed two months' rent in the first year of a lease, or one month's rent in the second and later years or on renewal. A tenant cannot waive these protections by contract or otherwise.
Common mistakes
- Counting 30 days from a later date when the tenant surrendered the unit early and you accepted it.
- Sending the list but holding the balance until later.
- Forgetting interest that is owed with the balance.
- Relying on a lease clause that waives the tenant's deposit rights.
Sources
- Landlord and Tenant Act of 1951 (68 P.S.), s. 512 (a), checked October 10, 2026
- Landlord and Tenant Act of 1951, s. 512 (b), checked October 10, 2026
- Landlord and Tenant Act of 1951, s. 512 (c), checked October 10, 2026
- Landlord and Tenant Act of 1951, s. 512 (d) and (f), checked October 10, 2026
- Landlord and Tenant Act of 1951, s. 511.1 (e) and (f), checked October 10, 2026
- Landlord and Tenant Act of 1951, s. 511.1 (a) and (b), checked October 10, 2026
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.