Last reviewed August 2026
Written by LawLease Editorial
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Pennsylvania Background & Credit Check Authorization
This Background & Credit Check Authorization is built with Pennsylvania as the governing state. These are the Pennsylvania landlord-tenant rules that most often bear on it, with the statute for each.
Pennsylvania rules at a glance
| Security deposit — year 1 | Maximum 2 months’ rent68 P.S. § 250.511a |
|---|---|
| Security deposit — year 2+ | Maximum 1 month’s rent; no increase at all after year 568 P.S. § 250.511a |
| Escrow | Required over $100, with written notice of the bank’s name and address68 P.S. § 250.511a |
| Deposit interest | From the second anniversary; landlord may keep 1% per annum68 P.S. § 250.511b |
| Deposit return | 30 days, with a written list of damages68 P.S. § 250.512 |
| Escrow is mandatory over $100 | Deposits above $100 must be held at a federally or state-regulated banking institution, and the tenant must be given written notice of that institution’s name and address. This is a statutory duty, not an optional courtesy. |
Security deposits in Pennsylvania
Pennsylvania is one of the few states where the deposit cap changes as the tenancy ages. During the first year a landlord may hold up to two months’ rent. From the start of the second year the maximum drops to one month’s rent, and any excess must be returned. After the fifth year the deposit may not be increased at all, even if the rent has risen (68 P.S. § 250.511a).
- Escrow is mandatory over $100 — Deposits above $100 must be held at a federally or state-regulated banking institution, and the tenant must be given written notice of that institution’s name and address. This is a statutory duty, not an optional courtesy.
- Interest from year three — Once a deposit has been held past the second anniversary, the portion over $100 must sit in an interest-bearing escrow account. The landlord may keep 1% per annum as an administrative fee; the rest belongs to the tenant and is payable annually (§ 250.511b).
- The list matters more than the money — A landlord has 30 days to provide a written list of damages. Failing to provide it forfeits the right to withhold anything at all — regardless of the unit’s condition (§ 250.512).
- Double damages — Failing to pay the balance within 30 days makes the landlord liable for twice the amount by which the deposit exceeds actual damages (§ 250.512(c)).
Required disclosures
Pennsylvania requires far fewer lease disclosures than states like California or New Jersey — and importantly, its Real Estate Seller Disclosure Law applies to sales, not leases.
- Escrow institution — Where the deposit exceeds $100, written notice of the bank holding it (§ 250.511a).
- Carbon monoxide alarms — Required where the unit has an attached garage, a fossil-fuel-burning appliance, or a fireplace — not universally (Act 121 of 2013).
- Lead paint — Federal Title X applies to pre-1978 housing. Pennsylvania adds no state-level equivalent outside Philadelphia.
- No radon, mould or bedbug rule — Pennsylvania has no statewide residential-lease disclosure statute for any of these. Do not assume a sale-disclosure form transfers to a lease.
Clauses that do not work in Pennsylvania
Pennsylvania has no single omnibus non-waiver provision, so each protection has to be checked on its own terms.
- Habitability waivers — Void as against public policy under Pugh v. Holmes, 486 Pa. 272 (1979). This is case law, not statute — but it cannot be contracted around.
- Rent Withholding Act workarounds — A lease cannot contract around a municipal certification that a unit is unfit for habitation (35 P.S. § 1700-1).
- Deposits over the cap — Section 250.511a is not waivable by lease language purporting to authorise a larger deposit.
- Withholding without the list — Retaining any part of the deposit without the 30-day written list forfeits the right to withhold at all.
- Assistance-animal fees — No pet fee, deposit or breed restriction may apply to a verified assistance animal (PHRA, 43 P.S. § 955(h)).
Pennsylvania Background & Credit Check Authorization FAQs
How much can a landlord charge for a security deposit in Pennsylvania?
Up to two months’ rent during the first year of the tenancy, then no more than one month’s rent from the start of the second year (68 P.S. § 250.511a). After five years the deposit cannot be increased at all, even if rent has gone up.
Does a Pennsylvania landlord have to pay interest on the deposit?
Yes, but only from the second anniversary onward. Once a deposit has been held that long, the portion above $100 must sit in an interest-bearing escrow account. The landlord may keep 1% per annum as an administrative fee and must pay the tenant the rest annually (§ 250.511b).
How long does a landlord have to return a deposit in Pennsylvania?
30 days from the end of the lease or from surrender and acceptance of the property, together with a written list of any damages claimed (§ 250.512). Failing to provide the list forfeits the right to withhold anything; failing to pay the balance exposes the landlord to double the excess.
More Pennsylvania landlord documents
- Pennsylvania Residential Lease Agreement
- Pennsylvania Eviction Notice
- Pennsylvania Security Deposit Return Letter
- Pennsylvania Rent Increase Notice
- Pennsylvania Notice to Vacate
- Pennsylvania Application Approval Letter
- Pennsylvania Application Denial Letter
- Pennsylvania Rental Application
- Pennsylvania Co-Signer Guarantor Agreement
- Pennsylvania Bed Bug Addendum
- Pennsylvania Mold & Mildew Addendum
- Pennsylvania No-Smoking Addendum
- Pennsylvania Parking & Storage Addendum
- Pennsylvania HOA & Community Rules Addendum
- Pennsylvania Crime-Free Housing Addendum
- Pennsylvania Utilities & Services Addendum
- Pennsylvania Early Termination Addendum
- Pennsylvania Lease Extension Addendum
- Pennsylvania Lead-Based Paint Disclosure
- Pennsylvania Military Clause (SCRA)
- Pennsylvania Pet Addendum
- Pennsylvania Cash for Keys Agreement
- Pennsylvania Mutual Lease Termination Agreement
- Pennsylvania Lease Renewal Agreement
- Pennsylvania Notice of Non-Renewal
- Pennsylvania Late Rent Notice
- Pennsylvania Lease Violation Notice
- Pennsylvania Notice of Entry
- Pennsylvania Move-In / Move-Out Inspection Checklist
- Pennsylvania Rent Receipt
- Pennsylvania Rent Verification Letter
- Pennsylvania Tenant Welcome Letter
- Pennsylvania Property Management Agreement
- Pennsylvania Commercial Lease
- Pennsylvania Rent-to-Own Agreement
- Pennsylvania Short-Term Rental Agreement
- Pennsylvania Room Rental Agreement
- Pennsylvania Roommate Agreement
- Pennsylvania Spanish Lease Agreement
- Pennsylvania Sublease Agreement
- Pennsylvania Lease Amendment
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