Pennsylvania · Landlord and Tenant Act §§104, 511.1–512Pennsylvania tenant security deposits when you sell a rental
Pennsylvania's Landlord and Tenant Act of 1951 has no separate deposit-transfer procedure for a sale, but its section 104 says that any person who acquires title to real property by purchase has the same duties – and the same rights, powers and remedies – in relation to the property as the person from whom title was acquired. That puts the buyer in the seller's shoes under the deposit rules. A landlord may not require more than two months' rent as a deposit in the first year of a lease, or more than one month's rent in the second and later years, and after five years of possession a rent increase can't require a higher deposit (§511.1). Deposits over $100 go into an escrow account at a regulated institution, with written notice to each tenant of the bank's name and address and the amount; after the second anniversary of the deposit, interest belongs to the tenant – less 1% a year the landlord may keep for administration – and is paid annually (§511.2). Within 30 days after the lease ends or the premises are surrendered and accepted, whichever is first, the landlord must give the tenant a written list of damages and pay the difference; a landlord who doesn't send the list forfeits the right to withhold, and one who doesn't pay is liable for double the amount by which the deposit exceeds actual damages (§512). Tenants can't waive these rules.
The rules
1. Buyer steps in (§104)
Same duties and rights as the seller in relation to the property.
2. Deposit limits (§511.1)
Two months' rent in year one; one month after.
3. Escrow and interest (§511.2)
Over $100 in a regulated bank with notice; interest after two years.
4. 30-day return (§512)
Written damages list and payment, or forfeit and double damages.
What the TC can do
- Ask the seller for each tenant's deposit amount, the escrow bank and accrued interest.
- Put the deposit transfer or credit to the buyer in front of whoever is closing the sale.
- Remind the buyer to give tenants written notice of where the deposits are now held.
Questions about Pennsylvania deposits on a sale
Does a Pennsylvania buyer owe the tenants' deposits?
A person who acquires title by purchase has the same duties in relation to the property as the seller (Landlord and Tenant Act of 1951, §104), so the deposit rules apply to the buyer as landlord.
What is the maximum security deposit in Pennsylvania?
Two months' rent during the first year of a lease and one month's rent in the second and later years (§511.1).
How fast must a Pennsylvania landlord return a deposit?
Within 30 days after the lease ends or the premises are surrendered and accepted, with a written list of damages (§512).
Related guides
Answer "Tenants stay" on the deal in ClosingCode and it adds the rent roll and deposit accounting document with this state's rule, the deposit-transfer step before closing and the tenant-notice step after.
Start free trialSource: Pennsylvania Landlord and Tenant Act of 1951, §§104, 511.1, 511.2 and 512 (palegis.us, read October 26, 2026).
General information, not legal advice. Have a Pennsylvania attorney review the specific leases. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.