Student Legal Aid

What is currently going on?

Please make a selection from the below list that best describes the housing issue you have going on.

Are you still occupying the property?

YesYes, I am still occupying the property.

NoNo, I am no longer occupying the property.

We're Sorry!

You must no longer by occupying the property before requesting your security deposit back.

Your Information

Thank you for letting us help you! Below is a plan of action for getting your security deposit back.

Steps you should take prior to moving out:

• Send your landlord a letter, a text, or an email letting them know of the day you are planning on moving out. Make sure you are giving your landlord sufficient notice before leaving, generally 30 days.
• Try to leave the property as clean as possible, and/or in a similar condition to when you first moved in.
• Take pictures or a detailed video of each room in the property, as well as document any damages.

Steps you should take after moving out:

• Make sure to return your keys to the landlord or to whoever they have directed you to.
• Send your landlord a Security Deposit Request Letter (see sample for Security Deposit Request Letter here). Make sure you keep a copy for yourself.
• Once you send your Landlord your Security Deposit Request Letter, they have 30 days to respond in writing.
• If your landlord refuses to give your security deposit back and you disagree with their decision, you can sue them for the total amount of your security deposit.
• If your landlord doesn’t answer your request you can sue them for double the amount of your security deposit.

How to sue for your security deposit:

• Before suing your landlord make sure you paid all your rent and any and all damages.
• Go to Municipal Court at 1339 Chestnut Street, 10th floor. COVID-19 Procedure: You must first call the court at 215-686-2910 to schedule an in-person appointment.
• Ask the court to file a small claims complaint. In this complaint, make sure you state how much money you are asking for and include documentation as proof such as your lease and the security deposit request letter.
• Pay the filing fee. If you cannot afford the filing fee, ask the court to file a petition to proceed “In Forma Pauperis." This petition will keep you from having to pay filing fees.

Can my Landlord Raise my Rent?

It depends. Read on:

Pennsylvania does not have rent control or stabilization laws.However, your landlord can only increase your rent at the end of your lease unless your lease says otherwise.

Philadelphia Code §9-804(11)Philadelphia Code §9-804(11) requires your landlord to give you at least 60 days notice of rent increase for any leases that are for more than 1 year; and at least 30 days notice of rent increase for leases less than a year. But your lease may require more time.

What you can doIf your landlord is trying to increase your rent before your lease has expired or has not given you sufficient notice as required by law, you can inform your landlord that the increase in rent is a violation of your lease and as such you are not required to pay the new rent. Make sure to keep proof of all letters and documentation you send to your landlord.

Can my landlord refuse to make repairs?

Probably not. Read on:

Document the Problem:

• Send your landlord a repair request via text, email, or letter. It is usually best to send a letter.
• Take pictures or a detailed video of the repairs that are needed.
• Have witnesses if you can't otherwise document needed repairs (such as for a lack of hot water or pests that run away).

Request an Inspection:

• You can call 311 for an inspection from the Department of Licenses & Inspections
• Section 8 Housing: If you are living in a Section 8 housing property, you can call 215-684-3860 to request an inspection.
• Health Department Inspection: If you are having issues with mice, rodents, rats, or mosquitos you can call the Health Department's Vector Control hotline at 215-685-9000.
• Utility Inspection: If you are having issues with wiring, gas, or water leakage, you can call the responsible utility. For electric, call PECO at 800-494-4000. For gas, call PGW at 215-235-1000. For water, call the Water Works at 215-685-6300.

Fair Housing Complaint:

• If your property fails any inspection and your landlord refuses to make the necessary repairs to ensure the property is up to standards and threatens to evict you, you can call the Fair Housing Commission at 215-686-4670 or you can go to the office and file a complaint in person at 601 Walnut St., Suite 300 South. COVID-19 Procedure: You can access the intake online and you can email the completed intake to the FHC email address at Fairhousingcomm@phila.gov or you can call the main telephone number at 215-686-4670.

Can I withhold rent if my landlord refuses to make repairs?

• Generally speaking, yes. However, this is a complicated and risky legal process.
• If you decide to withhold rent, you should only do so after carefully documenting the reapir issues and after writing to your landlord requesting the repairs.
• You will also need to deposit the money in a special account with the court and it must be kept there until a judge orders otherwise or until the repairs are made.
• You can also pay someone else to make the repairs and then withold the money from your rent. Before you do this, you should get an estimate and send it to your landlord. Make sure you ask for and keep the receipt!
• The cost of repairs generally cannot exceed a single month's rent.

Get Help!

• If you need housing help, you can contact your city counselman or state representative.

We're Sorry!

We're sorry we were unable to help you. Please see this directory of Public Interest Legal Services that may be able to help you.