Cal. Civ. Code § 250.512
Recovery of Improperly Held Escrow Funds
Operative Text
(a) Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Delivery of the list shall be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing in this section shall preclude the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant. ((a) amended Dec. 29, 1972, P.L.1698, No.363) (b) Any landlord who fails to provide a written list within thirty days as required in subsection (a), above, shall forfeit all rights to withhold any portion of sums held in escrow, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises. ((b) amended Dec. 29, 1972, P.L.1698, No.363) (c) If the landlord fails to pay the tenant the difference between the sum deposited, including any unpaid interest thereon, and the actual damages to the leasehold premises caused by the tenant within thirty days after termination of the lease or surrender and acceptance of the leasehold premises, the landlord shall be liable in assumpsit to double the amount by which the sum deposited in escrow, including any unpaid interest thereon, exceeds the actual damages to the leasehold premises caused by the tenant as determined by any court of record or court not of record having jurisdiction in civil actions at law. The burden of proof of actual damages caused by the tenant to the leasehold premises shall be on the landlord. ((c) amended Dec. 29, 1972, P.L.1698, No.363) (d) Any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable. (e) Failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section. (f) This section shall apply only to residential leaseholds and not to commercial leaseholds.
Under 68 P.S. § 250.512, when a residential lease ends, a landlord must send the tenant a written itemized list of claimed damages within thirty days, along with any portion of the security deposit not applied to those damages. If the landlord misses that thirty-day deadline, the law strips the landlord of the right to keep any part of the deposit or to sue the tenant for damages. A landlord who fails to return the proper balance within thirty days can be held liable for double the amount wrongfully withheld, and tenants cannot be made to waive these protections by contract.
Plain English — not legal advice.
Operators subject to 68 P.S. § 250.512 generally maintain a documented move-out inspection process that produces a written damage itemization delivered to the tenant within thirty days of lease termination or surrender, whichever comes first. The written list is accompanied by a check for any deposit balance—plus accrued interest—that exceeds the documented damage costs. Landlords who keep records of the tenant's forwarding address and retain evidence of actual repair costs are better positioned to substantiate any deductions, since the statute places the burden of proving actual damages on the landlord.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 68 P.S. § 250.512, residential tenants have a right to receive both a written damage list and the return of any undeducted deposit balance within thirty days of the lease ending or the premises being surrendered. If a landlord fails to meet that deadline, the statute forfeits the landlord's right to withhold any portion of the deposit and opens the door to a court claim for double the improperly withheld amount. Tenants who believe their deposit was wrongfully kept may consider consulting a tenant-rights organization, raising the violation in a civil court proceeding, or reviewing resources from the Pennsylvania courts to understand available options—and should be aware that providing a written forwarding address is required to preserve these rights.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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