Philadelphia, PA asked in Contracts and Landlord - Tenant for Pennsylvania

Q: I moved out of my apartment over 30 days ago, and I have not yet received my security deposit. It might be in the mail.

They have my forwarding address, and have already notified me that I will be receiving the deposit in full plus additional overpaid rent.

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: If you haven't received your security deposit after 30 days of moving out, here's what you can do:

Contact your former landlord and ask about the status of your deposit, providing your forwarding address again.

Request written confirmation of when the deposit was sent and any tracking information.

If needed, send a certified letter reiterating your move-out date, forwarding address, and mention relevant tenant laws.

Research local laws regarding security deposits to understand your rights.

Consult a lawyer or legal aid organization specializing in tenant rights if communication fails.

Remember to keep records of all communication for future reference.

Nellie T Schulz
Nellie T Schulz
Answered
  • Landlord Tenant Lawyer
  • Philadlephia, PA
  • Licensed in Pennsylvania

A: Under Pennsylvania’s Landlord Tenant Act, within 30 days after you have moved out, the landlord must either return the entire security deposit or send you a list of damages, the cost of repairs, and any money remaining from the security deposit. If the landlord does not provide a written list of damages within 30 days, the landlord may not keep any part of the security deposit. You may then sue to recover double the amount of the deposit minus any actual damages as determined by the court. If, within 30 days, the landlord fails to pay you the difference between the security deposit and the actual damages to the leased property, the landlord is liable for double the amount by which the security deposit exceeds the actual damages to the leased property.

Peter J. Weinman agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.