SECURITY DEPOSIT DEMAND LETTER
COMMONWEALTH OF PENNSYLVANIA
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Pennsylvania law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages, interest, and attorney's fees.
I. PENNSYLVANIA LEGAL FRAMEWORK
A. Governing Law
Security deposits in Pennsylvania are governed by the Pennsylvania Landlord and Tenant Act, 68 P.S. Section 250.511a et seq.
B. Security Deposit Limits
Under 68 P.S. Section 250.511a:
- First year of tenancy: Maximum two months' rent
- After first year: Maximum one month's rent
Any excess deposit must be returned to the tenant within 30 days.
C. Return Deadline
Pursuant to 68 P.S. Section 250.512, a landlord must return the security deposit within thirty (30) days after:
1. Termination of the lease; AND
2. Delivery of possession by the tenant
The deposit must be returned with an itemized list of any damages for which deductions were made.
D. Escrow Requirements
Under 68 P.S. Section 250.511b:
- During the first two years of tenancy, the deposit must be held in an escrow account in a bank or trust company regulated by the Pennsylvania Department of Banking
- After two years, the deposit must be placed in an interest-bearing escrow account
- Interest earned (less 1% administrative fee) must be paid to the tenant annually
E. Permissible Deductions
Under 68 P.S. Section 250.512, a landlord may retain from the security deposit only amounts necessary for:
- Unpaid rent
- Breach of the lease
- Damages to the leased premises beyond normal wear and tear
F. Prohibited Deductions
The landlord may NOT deduct for:
- Normal wear and tear
- Pre-existing conditions
- Conditions resulting from landlord's failure to maintain premises
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Pennsylvania law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 30-day period required under 68 P.S. Section 250.512.
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized list of damages within the statutory period, forfeiting your right to withhold any amount per 68 P.S. Section 250.512.
[ ] Excessive Security Deposit: You collected a security deposit exceeding the statutory limit in violation of 68 P.S. Section 250.511a.
[ ] Failure to Use Escrow Account: You failed to hold the security deposit in a proper escrow account as required by 68 P.S. Section 250.511b.
[ ] Failure to Pay Interest: You failed to pay required interest on the security deposit after two years as required by 68 P.S. Section 250.511b.
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
IV. NORMAL WEAR AND TEAR
Pennsylvania law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND REMEDIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Accrued Interest | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under 68 P.S. Section 250.512, if a landlord fails to return the security deposit or provide an itemized list of damages within 30 days:
- The tenant may recover double the amount of the security deposit
C. Interest Calculation (if tenancy exceeded 2 years)
| Period | Principal | Interest Rate | Interest Due |
|---|---|---|---|
| [DATE RANGE] | $[AMOUNT] | [RATE]% | $[AMOUNT] |
| Less 1% Admin Fee | -$[AMOUNT] | ||
| Net Interest | $[AMOUNT] |
D. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Accrued Interest | $[AMOUNT] |
| Double Damages | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit plus accrued interest: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Pennsylvania Magisterial District Court (for claims up to $12,000) or Court of Common Pleas for return of the deposit, double damages, interest, attorney's fees, and costs.
-
Seek Double Damages: Request double damages pursuant to 68 P.S. Section 250.512.
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees.
-
Report Violations: Report your conduct to:
- Pennsylvania Attorney General - Bureau of Consumer Protection
- Local Housing Authority
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[PENNSYLVANIA BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
PENNSYLVANIA SECURITY DEPOSIT QUICK REFERENCE
| Element | Pennsylvania Requirement |
|---|---|
| Governing Statute | 68 P.S. Section 250.511a et seq. |
| Deposit Limit | 2 months (1st year); 1 month (thereafter) |
| Return Deadline | 30 days |
| Itemization Required | Yes |
| Receipts Required | No |
| Interest Required | Yes (after 2 years, less 1% admin fee) |
| Escrow Account Required | Yes |
| Penalty for Violation | Double the deposit amount |
| Attorney's Fees | Yes - 68 P.S. Section 250.512 |
| Small Claims Limit | $12,000 |
PENNSYLVANIA-SPECIFIC PRACTICE NOTES
[ ] Automatic Double Damages: Pennsylvania provides for double damages if landlord fails to return deposit OR provide itemized list within 30 days - no bad faith requirement.
[ ] Escrow Requirements: Deposit must be in escrow account at PA-regulated bank. After two years, must be in interest-bearing account with annual interest payment to tenant.
[ ] Deposit Reduction: After first year, landlord must reduce deposit to one month's rent or return excess within 30 days.
[ ] Forwarding Address: Tenant should provide a forwarding address in writing to ensure proper delivery.
[ ] Itemized List Critical: Failure to provide itemized list of damages within 30 days forfeits landlord's right to withhold any portion of deposit.
[ ] Philadelphia-Specific: Philadelphia has additional tenant protections under its Fair Housing Ordinance and renter protection laws.
[ ] Small Claims Court: For claims up to $12,000, file in Magisterial District Court.
[ ] New Mail Rule: Deposit and list must be sent by personal delivery or mail to tenant's last known address.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Pennsylvania attorney before use.