Get your security deposit back in Philadelphia.

Philadelphia’s Unfair Rental Practices code (§ 9-804) bars unlawfully retaining any security deposit — with a city remedy of actual damages or one month’s rent — on top of Pennsylvania’s 30-day / double-damages rules, which still fully apply.

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Both Pennsylvania law and Philadelphia's ordinance apply to you.

Pennsylvania law (68 P.S. § 250.512) applies in full: a 30-day deadline for the written list and refund, double the amount by which the deposit exceeds actual damages, and the strict § 250.512(e) rule that a tenant who fails to provide a written forwarding address at move-out relieves the landlord of all liability under the section. The city remedy is separate and additional.

Philadelphia penalty

1 month's rent (elected)

City ordinance — separate remedy

Under Phila. Code § 9-804(4)(c), no landlord may “unlawfully retain any security deposit, however styled in a lease” — the prohibition reaches deposits relabelled as non-refundable fees. A person aggrieved by a violation of subsection (4) may recover, under § 9-804(16), actual damages or — at the tenant’s election before judgment — statutory damages equal to one month’s rent. These rights cannot be waived by lease (§ 9-804(15)), and a tenant may complain to the Fair Housing Commission or plead the violation in court (§ 9-804(14)).

Pennsylvania penalty

2× the excess

State law — still applies

No written list within 30 days forfeits all right to withhold; failure to pay the difference within 30 days makes the landlord liable for double the amount by which the deposit exceeds actual damages under § 250.512(c), with the landlord bearing the burden of proving those damages.

These are two distinct remedies under two different laws — they are not the same claim, and one does not replace the other. The Pennsylvania return deadline of 30 days still applies.

What Philadelphia adds on top.

Attorney’s fees are discretionary: Under § 9-804(16) the court MAY award reasonable attorney’s fees and costs — it is not an entitlement, so this page does not promise them.

Common questions about Philadelphia deposits.

Does Pennsylvania state law still apply in Philadelphia?

Yes. Pennsylvania law (68 P.S. § 250.512) applies in full: a 30-day deadline for the written list and refund, double the amount by which the deposit exceeds actual damages, and the strict § 250.512(e) rule that a tenant who fails to provide a written forwarding address at move-out relieves the landlord of all liability under the section. The city remedy is separate and additional.

What extra rules does Philadelphia add?

No security deposit may exceed what 68 P.S. § 250.511a permits — a city-level prohibition on top of the state cap, separately enforceable under § 9-804(16) Where a first-year deposit exceeds one month’s rent, the landlord must accept, at the tenant’s choice, either a lump sum or one month up front with the remainder in three equal monthly payments (landlords of two or fewer rental units are exempt from this installment rule only, with ownership aggregated across related entities) No unlawful retention of any security deposit, “however styled in a lease” (§ 9-804(4)(c))

What is the Philadelphia penalty for a deposit violation?

Under Phila. Code § 9-804(4)(c), no landlord may “unlawfully retain any security deposit, however styled in a lease” — the prohibition reaches deposits relabelled as non-refundable fees. A person aggrieved by a violation of subsection (4) may recover, under § 9-804(16), actual damages or — at the tenant’s election before judgment — statutory damages equal to one month’s rent. These rights cannot be waived by lease (§ 9-804(15)), and a tenant may complain to the Fair Housing Commission or plead the violation in court (§ 9-804(14)). This is a separate remedy from the Pennsylvania state penalty, which also applies: No written list within 30 days forfeits all right to withhold; failure to pay the difference within 30 days makes the landlord liable for double the amount by which the deposit exceeds actual damages under § 250.512(c), with the landlord bearing the burden of proving those damages.

Which law covers security deposits in Philadelphia?

Philadelphia Code § 9-804 (Unfair Rental Practices). We verify these against the ordinance text itself; the date we last checked is shown on this page.

Sources & verification

The Philadelphia rules on this page were verified against the ordinance text itself:

  • Philadelphia Code § 9-804 (Unfair Rental Practices)

Last verified against primary sources on .

How we verify this →

Laws change. If you spot something out of date, tell us at support@gettenantshield.com and we'll correct it.

Philadelphia sits on top of Pennsylvania's statewide security deposit law. Read the full Pennsylvania rule →

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