Home > Research Legal Advice > Landlord / Tenant > Pa landlord tenant law regarding security deposit
Asked 11 months ago - Warminster, PA
Flagmy question is section 250.512 section b states the landlord forfeits any right to hold any escrow for damages after the the thirty days but section c states i as the tenant can sue for double the escrow minus damages. So i am a bit confused. Does this mean if i just sue for my original escrow no damages can be intoduced or if i sue for double also no damages can be introduced it appears to contradict itself. please help its been a little over a yr and my landlord refuses any communication
If the security deposit is not returned within the required 30 days, you have a right to sue for double the amount of the security deposit. However, the LL has the right to subtract any provable actual damages to the property that the court finds from the amount you receive. Landlord has the burden in court to prove any actual damages. It does not mean you have an option to sue for original deposit or double. It means if you sue for double, the LL can prove damages to deduct from it. If you do not sue at all, but LL is late in refunding the escrow, then LL forfeits the right to deduct the damages.
I hope this is helpful in clarifying this for you. Please note that I have not reviewed your lease nor know the specifics of your situation, so this is merely a generic answer that is not intended to provide legal advice in your specific situation.
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