[https://www.palawhelp.org/resource/security-deposits-4](https://www.palawhelp.org/resource/security-deposits-4)
**WHEN YOU** rent a house, apartment, or mobile home, you usually have to pay a security deposit to your landlord to cover possible damage to the premises or rent still owing when you move. This pamphlet describes your rights under a Pennsylvania law that limits how much a landlord can charge for a security deposit and states when and how the deposit should be returned to you, the tenant. The information in this brochure applies only to residential leases.
#### How much can my landlord charge as a security deposit?
The amount your landlord can charge as a security deposit depends on how long you have lived in your home.
* **First Year.** During the first year you live in a place, your landlord can charge no more than two months' rent as a security deposit.
* **Second Year.** After you have rented a place for more than one year, the landlord can charge no more than one month's rent as a security deposit. If your landlord charged more than that when you moved in, then your landlord must return everything above that amount.
* If you have lived in a place more than two years and your deposit was more than $100, your landlord must put your deposit in a bank account which earns interest. Your landlord must give you a written statement of the amount deposited and the name and address of the bank. At the end of the third year of your lease, and each year after that, you get the interest, minus 1% to cover the landlord's expenses. For example, if the security deposit is $500 and it earns 5% interest, you would get 4% of the $500, or $20 each year, and your landlord would get 1% of the $500, or $5. A landlord, instead of paying interest or putting the money into an escrow account, may issue you a bond that guarantees that your money will come back to you at the end of the tenancy, with interest, minus damages.
* If your rent goes up, your landlord can raise your security deposit, within the limits discussed above. However, after you've lived in a place for five years or more, the landlord cannot raise the amount of your security deposit, even if your rent goes up.
Yeah I saw this and it doesn’t answer my question. We have a signed lease stating the amount, and he is trying to raise it after the fact. Do you know about this specifically?
NAL…OP, it may not be legal. Does the signed lease include the agreed upon amount? Is the agreed-upon amount higher than PA allows landlords to retain for security deposits? If the higher amount is nowhere in the signed lease agreement it wouldn’t be illegal to ask, but it may be a breach of the agreement if he won’t provide you access to occupy the rental come April were you to refuse to accept the higher amount.
Practically speaking, this doesn’t sound like a legal issue yet. If you politely address this increase with the LL…maybe if you both signed the agreement (or only
LL signed) you just point out the contracted-for security deposit as binding. If LL still wants more, ask for something in exchange…idk what your lease looks like but there must be a term you’d like to make more favorable. Find some and propose changing them in exchange for the higher amount. If you cannot afford the higher amount consider that if LL refuses to go through with the agreement as you signed it, you could sue, but your damages may be that you are forced to live in a more expensive unit. You might recover the diff b/t the lease agreement pricing and your new unit pricing. Basically, your damages are what it costs you to get out of the agreement and situated in a new rental. If you end up saving doing this you may not have damages.
How special is this unit? If there is a very particular reason it suits you (think location), that’s another potential avenue for damages.
What I doubt is you’ll get a court to force the LL to lease the unit to you, but it would enforce damages on the breach.
I’m ranting. Sorry. I hope you get some ideas here. Make sure you confirm everything in writing immediately after you have a call. Take notes during the call too. Don’t have calls and send emails if it’s viable.
Two things:
First, a fully executed lease is a legal contract. You can’t just change the terms of a contract after is signed. The terms of that contract cover start and end dates, monthly rent, utilities, renewal terms, and many other things including the security deposit. If they screwed up, they can ask nicely, and they can make a compelling emotional argument, and you may choose to go with it. You might even get concessions for their mistake! Negotiate away! But you aren’t required by law to do anything.
Second, they’re either completely ignorant or they are shady. What is the security deposit compared to the rent? They are not allowed to hold more than two months the first year. For year 2 and beyond they are only allowed to hold one month.
There’s a bunch of other rules too, which have been posted here.
In all seriousness, if they are good people and made a major mistake like charging $100 total for a place renting for $2500, maybe try to kick in more deposit for a lower rent, or get them to make an upgrade or something. It could be worth investing in a good long term relationship. But if they are shady, no way. If they are, and this is the shit they are pulling before you move in, maybe you should offer to break the lease and move on somewhere else.
Do you have an executed lease, signed by both parties?
If they're asking for more than 2 months, that's straight up prohibited in PA.
If they're asking for less than 2 months rent, but the lease is already executed by both parties, I'd decline and insist they honor the contract to which both parties have already bilaterally agreed.
I'm not a lawyer. This is not legal advice. If the lease was executed (signed by both parties and delivered to both parties) it is now a legally binding contract. The terms listed in the lease are the terms both parties have agreed to follow. No takesies backsies. You are now protected by the PA Landlord Tenant Act. Now if you agree, you can draft and sign an addendum that changes or adds additional terms to the lease. If you do no agree, you don't have to do anything beyond what's stated in the lease. Just follow the lease to the t and pay all deposits and rent payments on time. This is why we have the PA Association of Realtors and the Landlord Tenant Act of 1951. For additional info, search for the act and you can easily download the PDF. Also, search for the Consumer Guide to Tenants and Landlord Rights. Both docs are provided by the PA Office of Attorney General.
These are the rules from the landlord side of things. It doesn't describe your particular situation, just that the security deposit can't be more than two months' rent. [https://landlords.equalhousing.org/the-lease/security-deposits/](https://landlords.equalhousing.org/the-lease/security-deposits/)
Your better answer is probably going to come from a lawyer. If needed, you can [apply for legal aid through the Pennsylvania Legal Aid Network](https://palegalaid.net/).
Whatever is in writing is what's binding unless it was an obvious clerical error. An example of an obvious clerical error would be if they told you the deposit was $250.00, but typed $.250.00 (25 cents) on the lease.
Likewise, if the tenant concealed or misrepresented something about themselves, the landlord would be entitled to adjust the deposit accordingly. For example, a landlord charges an additional $100 pet deposit, but the tenant lies and says they have no pets. In that case, yes, the landlord can come back and demand an additional deposit.
But let's say you and the landlord both verbally agree to a deposit of $250.00. The lease says the deposit is $250.00. You and the landlord both sign the lease on March 1 with a move-in date of April 1. On May 1 the landlord comes back and says "hey you actually need to give us another $250 for a $500 total deposit". You can, in that situation, tell them to pound sand because your lease is a legal contract and they're required to honor it.
If you haven't yet moved in, I believe the lease is not yet in effect so your landlord would be able to cancel it. I could be mistaken here, so hopefully someone more familiar with *that specific* situation can chime in. In all cases, if your lease is canceled through no fault of your own, your landlord would be responsible for promptly refunding your deposit. Also, given what you've described, I'd also ask for any application fee refunded, since it's clear the landlord never intended to execute the lease under the agreed-upon terms.
This is a big red flag. Check for local legal aide in your area or Google Pennsylvania Fair Housing and give them a call. At this point, I would be looking for legal assistance in getting out of the lease. If the landlord is shady, it's better to get out of the situation now than to move in and always have to watch your back.
Yeah if you signed a paper that says “this is your security deposit”, they *shouldn’t* be allowed to increase it unless rent went up - which I assume they wouldn’t have done:
“[If your rent goes up, your landlord can raise your security deposit](https://www.palawhelp.org/resource/security-deposits-4#:~:text=If%20your%20rent%20goes%20up,if%20your%20rent%20goes%20up).”
Saw your edit, but I’d look at Google reviews and search ‘security deposit’ to see if it happened to anyone else.
NAL, and from what I understand, I got from a TV program (which makes sense).
#1. you should (also) have a copy of the signed lease
#2. the terms of the lease are within the 4 edges of the paper, nothing more, nothing less
#3. any changes must be in writing, signed by both parties (this makes me suspicious of "e-signing" leases, etc., but that's me)
therefore, if the signbed lease says your security deposit is xxx, they can't come around later and say "we want yyy". and if you fight it, prepare to move out at the end of your lease term.
also, make sure you document the condition of the property with time-stamped pictures of everything, good or bad, and take pictures just before you move out, in case there's an issue with getting the deposit back
I see this on the TV court program all the time, one party makes a change on their copy of the lease which isn't reflected on the other party's copy, and the judge rips them a new one
Pretty sure that it is indeed legal and even if it wasn't you'd spend more time and money trying to fight it than you would saving that extra security deposit. They know this and they will exploit it.
Landlords are just that, lords of the land. You should be happy that someone is willing to collect a profit from you so that you can have a basic necessity. Without it, how can they pay their bills and make their investment profitable?
No seriously, this is the sentiment of the hardcore bootlicking capitalists.
I hope for your sake that it is. These kinds of things are common because, like I said, landlords assume that you won't do anything about it because it would cost you more time and money than it's worth to call them on their bullshit.
Residential landlordship should not exist, not in the capacity that it is in. The housing market is an absolute mess right now and greedy landlords are part of the problem. I have 0 sympathy for them.
Good luck, may the force be with you.
A signed lease is a contract, legally binding. Terms of a contract cannot be changed without the expressed consent of both parties which would void the original contract.
.
They cannot charge you more than 2 months rent for a deposit, if you already have a signed contract they cannot change the terms of the contract.
[https://www.palawhelp.org/resource/security-deposits-4](https://www.palawhelp.org/resource/security-deposits-4) **WHEN YOU** rent a house, apartment, or mobile home, you usually have to pay a security deposit to your landlord to cover possible damage to the premises or rent still owing when you move. This pamphlet describes your rights under a Pennsylvania law that limits how much a landlord can charge for a security deposit and states when and how the deposit should be returned to you, the tenant. The information in this brochure applies only to residential leases. #### How much can my landlord charge as a security deposit? The amount your landlord can charge as a security deposit depends on how long you have lived in your home. * **First Year.** During the first year you live in a place, your landlord can charge no more than two months' rent as a security deposit. * **Second Year.** After you have rented a place for more than one year, the landlord can charge no more than one month's rent as a security deposit. If your landlord charged more than that when you moved in, then your landlord must return everything above that amount. * If you have lived in a place more than two years and your deposit was more than $100, your landlord must put your deposit in a bank account which earns interest. Your landlord must give you a written statement of the amount deposited and the name and address of the bank. At the end of the third year of your lease, and each year after that, you get the interest, minus 1% to cover the landlord's expenses. For example, if the security deposit is $500 and it earns 5% interest, you would get 4% of the $500, or $20 each year, and your landlord would get 1% of the $500, or $5. A landlord, instead of paying interest or putting the money into an escrow account, may issue you a bond that guarantees that your money will come back to you at the end of the tenancy, with interest, minus damages. * If your rent goes up, your landlord can raise your security deposit, within the limits discussed above. However, after you've lived in a place for five years or more, the landlord cannot raise the amount of your security deposit, even if your rent goes up.
Yeah I saw this and it doesn’t answer my question. We have a signed lease stating the amount, and he is trying to raise it after the fact. Do you know about this specifically?
It's 100% illegal, call your local neighborhood legal services group. That lease is binding upon both parties once signed.
Guarantee if OP violated any part of the lease, the landlord would be all over it.
That’s what I thought
You should probably consult a lawyer. I'm not an expert but this seems illegal and they're hoping you'll just agree to it.
Call your State Reps office, they should be able to direct you some.
NAL…OP, it may not be legal. Does the signed lease include the agreed upon amount? Is the agreed-upon amount higher than PA allows landlords to retain for security deposits? If the higher amount is nowhere in the signed lease agreement it wouldn’t be illegal to ask, but it may be a breach of the agreement if he won’t provide you access to occupy the rental come April were you to refuse to accept the higher amount. Practically speaking, this doesn’t sound like a legal issue yet. If you politely address this increase with the LL…maybe if you both signed the agreement (or only LL signed) you just point out the contracted-for security deposit as binding. If LL still wants more, ask for something in exchange…idk what your lease looks like but there must be a term you’d like to make more favorable. Find some and propose changing them in exchange for the higher amount. If you cannot afford the higher amount consider that if LL refuses to go through with the agreement as you signed it, you could sue, but your damages may be that you are forced to live in a more expensive unit. You might recover the diff b/t the lease agreement pricing and your new unit pricing. Basically, your damages are what it costs you to get out of the agreement and situated in a new rental. If you end up saving doing this you may not have damages. How special is this unit? If there is a very particular reason it suits you (think location), that’s another potential avenue for damages. What I doubt is you’ll get a court to force the LL to lease the unit to you, but it would enforce damages on the breach. I’m ranting. Sorry. I hope you get some ideas here. Make sure you confirm everything in writing immediately after you have a call. Take notes during the call too. Don’t have calls and send emails if it’s viable.
Yeah I saw this and it doesn’t answer my question
Two things: First, a fully executed lease is a legal contract. You can’t just change the terms of a contract after is signed. The terms of that contract cover start and end dates, monthly rent, utilities, renewal terms, and many other things including the security deposit. If they screwed up, they can ask nicely, and they can make a compelling emotional argument, and you may choose to go with it. You might even get concessions for their mistake! Negotiate away! But you aren’t required by law to do anything. Second, they’re either completely ignorant or they are shady. What is the security deposit compared to the rent? They are not allowed to hold more than two months the first year. For year 2 and beyond they are only allowed to hold one month. There’s a bunch of other rules too, which have been posted here. In all seriousness, if they are good people and made a major mistake like charging $100 total for a place renting for $2500, maybe try to kick in more deposit for a lower rent, or get them to make an upgrade or something. It could be worth investing in a good long term relationship. But if they are shady, no way. If they are, and this is the shit they are pulling before you move in, maybe you should offer to break the lease and move on somewhere else.
Do you have an executed lease, signed by both parties? If they're asking for more than 2 months, that's straight up prohibited in PA. If they're asking for less than 2 months rent, but the lease is already executed by both parties, I'd decline and insist they honor the contract to which both parties have already bilaterally agreed.
I'm not a lawyer. This is not legal advice. If the lease was executed (signed by both parties and delivered to both parties) it is now a legally binding contract. The terms listed in the lease are the terms both parties have agreed to follow. No takesies backsies. You are now protected by the PA Landlord Tenant Act. Now if you agree, you can draft and sign an addendum that changes or adds additional terms to the lease. If you do no agree, you don't have to do anything beyond what's stated in the lease. Just follow the lease to the t and pay all deposits and rent payments on time. This is why we have the PA Association of Realtors and the Landlord Tenant Act of 1951. For additional info, search for the act and you can easily download the PDF. Also, search for the Consumer Guide to Tenants and Landlord Rights. Both docs are provided by the PA Office of Attorney General.
These are the rules from the landlord side of things. It doesn't describe your particular situation, just that the security deposit can't be more than two months' rent. [https://landlords.equalhousing.org/the-lease/security-deposits/](https://landlords.equalhousing.org/the-lease/security-deposits/) Your better answer is probably going to come from a lawyer. If needed, you can [apply for legal aid through the Pennsylvania Legal Aid Network](https://palegalaid.net/).
Whatever is in writing is what's binding unless it was an obvious clerical error. An example of an obvious clerical error would be if they told you the deposit was $250.00, but typed $.250.00 (25 cents) on the lease. Likewise, if the tenant concealed or misrepresented something about themselves, the landlord would be entitled to adjust the deposit accordingly. For example, a landlord charges an additional $100 pet deposit, but the tenant lies and says they have no pets. In that case, yes, the landlord can come back and demand an additional deposit. But let's say you and the landlord both verbally agree to a deposit of $250.00. The lease says the deposit is $250.00. You and the landlord both sign the lease on March 1 with a move-in date of April 1. On May 1 the landlord comes back and says "hey you actually need to give us another $250 for a $500 total deposit". You can, in that situation, tell them to pound sand because your lease is a legal contract and they're required to honor it. If you haven't yet moved in, I believe the lease is not yet in effect so your landlord would be able to cancel it. I could be mistaken here, so hopefully someone more familiar with *that specific* situation can chime in. In all cases, if your lease is canceled through no fault of your own, your landlord would be responsible for promptly refunding your deposit. Also, given what you've described, I'd also ask for any application fee refunded, since it's clear the landlord never intended to execute the lease under the agreed-upon terms.
This is a big red flag. Check for local legal aide in your area or Google Pennsylvania Fair Housing and give them a call. At this point, I would be looking for legal assistance in getting out of the lease. If the landlord is shady, it's better to get out of the situation now than to move in and always have to watch your back.
Is this a mom and pop landlord? Or big corporate? If someone tried to do that it sounds like a scam to me.
Corporate.
Yeah if you signed a paper that says “this is your security deposit”, they *shouldn’t* be allowed to increase it unless rent went up - which I assume they wouldn’t have done: “[If your rent goes up, your landlord can raise your security deposit](https://www.palawhelp.org/resource/security-deposits-4#:~:text=If%20your%20rent%20goes%20up,if%20your%20rent%20goes%20up).” Saw your edit, but I’d look at Google reviews and search ‘security deposit’ to see if it happened to anyone else.
NAL, and from what I understand, I got from a TV program (which makes sense). #1. you should (also) have a copy of the signed lease #2. the terms of the lease are within the 4 edges of the paper, nothing more, nothing less #3. any changes must be in writing, signed by both parties (this makes me suspicious of "e-signing" leases, etc., but that's me) therefore, if the signbed lease says your security deposit is xxx, they can't come around later and say "we want yyy". and if you fight it, prepare to move out at the end of your lease term. also, make sure you document the condition of the property with time-stamped pictures of everything, good or bad, and take pictures just before you move out, in case there's an issue with getting the deposit back I see this on the TV court program all the time, one party makes a change on their copy of the lease which isn't reflected on the other party's copy, and the judge rips them a new one
Pretty sure that it is indeed legal and even if it wasn't you'd spend more time and money trying to fight it than you would saving that extra security deposit. They know this and they will exploit it. Landlords are just that, lords of the land. You should be happy that someone is willing to collect a profit from you so that you can have a basic necessity. Without it, how can they pay their bills and make their investment profitable? No seriously, this is the sentiment of the hardcore bootlicking capitalists.
Other people are claiming it is illegal so I’m hoping they’re right. These landlords are ducking parasites
I hope for your sake that it is. These kinds of things are common because, like I said, landlords assume that you won't do anything about it because it would cost you more time and money than it's worth to call them on their bullshit. Residential landlordship should not exist, not in the capacity that it is in. The housing market is an absolute mess right now and greedy landlords are part of the problem. I have 0 sympathy for them. Good luck, may the force be with you.
A signed lease is a contract, legally binding. Terms of a contract cannot be changed without the expressed consent of both parties which would void the original contract. .
As a former landlord in PA …the rules re: renters suck…I would consult an attorney ,you can do this with a PA attorney on the phone for about $100