State Specific Question About: PENNSYLVANIA (PA)

Are you the tenant or the landlord?

Any legitimate landlord is required by law to safeguard your SS#.

They will need it to run your credit report and background check.

So, my reading of PA law says that you have to put their S/D in an escrow account, but I see nothing that says it has to be in their name. The law states:

"When any funds are deposited in any escrow account, interest-bearing or noninterest-bearing, the lessor shall thereupon notify in writing each of the tenants making any such deposit, giving the name and address of the banking institution in which such deposits are held, and the amount of such deposits."

So, to me, it seems that you have to notify them of the name and address of the bank where it is held, but not that the account has to actually be opened in their name.

Interestingly, NOLO says that you have to give the bank their name and address. I can't find any support of that in the actual written law. But, even then, it doesn't say that the account must be IN their name.

If it doesn't have to be in their name, then there should be no obligation to provide their SSN to the bank.

- John...

Disregard that part about NOLO. It actually agrees with me on the law (I just mis-read NOLO at first). So, NOLO agrees that it has to go into an account and you have to give them the name of the bank -- but it does NOT require that the account be in the tenant's name.

- John...

BNB: You are confused, apparently, about what the state requires. The state does NOT require that the Landlord put the S/D in a bank account IN THE TENANT'S NAME. The landlord would put it into an account in their own name -- and simply tells the tenant where it is. So, your child's name would not be on the account at all and, therefore, their SSN is not required for that.

There is simply not a real concern/issue concerning the deposit remaining in an account in the landlord's name. Yes, if they died, it would be tied to the landlord's estate. But the law would still require that S/D to be returned as agreed -- even if it comes from the estate. The S/D is technically still the property of the tenant. So, I think you are being overly concerned about this small chance of the landlord dying. Even if it happened, the S/D would still be safe.

All that being said, as said above, MOST good landlords today are going to run a credit check. For THAT, they will need their SSN. That is just part of the process and most of us would immediately decline anyone that refused to give it. Your child should be expected to give it, have a credit check run, and so on.

- John...

To clarify: Is there a way for a landlord to hold deposit $ in an escrow acct that would not require the tenants SS#? My understanding is that the LL opens it but tenant's name is somehow listed because as the bank puts it...if LL dies, without tenant name listed on the acct somehow the money would go to LL estate.

Someone asked why there is hesitation to give it, privacy concerns is all. The more places it is floating around the more potential for misuse somewhere a long the line.

We are LL's in a different state. We do checks the old fashioned way I guess. Call employer, landlord etc. We can quickly tell when we are being scammed.

A landlord needs to run his/her business in accordance with best practices in property management. Whether or not a landlord needs an SSN to run a credit check or to hold a tenant's security deposit in a bank account is really a non-issue, since an SSN is necessary in the event the landlord becomes a judgment creditor.

In Maine the security deposit account has the landlord's name, and then the second line indicates that the account is a security deposit account in accordance with whatever the law number is. From what others from PA are saying it would be similar.

BNB: Please read my post again. You are simply WRONG about the idea that, in PA, LLs put the accounts in the name of the tenant and therefore need their SSN. That is simply incorrect. That is NOT what the law says. You seem to keep ignoring that.

Beyond that, I think I'm done here. You are new here -- and that is great -- we welcome other LLs, of course. But if you start telling us that you don't need to run credit checks because you can "just tell" when someone is good or not, the you are going to get people that disagree with you.

This is a business. You don't run it by "gut feeling." You run it by pulling proper credit reports.

And, also contrary to what you believe, to get REAL credit reports, like is usually recommend by the experts here, you still need an SSN, sorry.

- John...

LOIS: Legit LL to safeguard #. Agreed 100%. Not everyone who is supposed to safeguard it does so. Issue was not with LL but whether or not it is needed at bank.

JOHN 8/18 2pm: Was not glossing over legal info. Had already been to NOLO and other sites. Agree with all of it. However, LL stated needing # to set up S/D accounts and this peaked my interest and desire for 2nd opinion.

NICOLE: You and I were posting at the same time and your response went up right before mine so I missed it. That is what I was looking for.

JOHN 8/18 2:38p: Yes, I was VERY confused! LL stated needing it for S/D and PA bank stated needing it. Bank never said LL doesn't need this info for S/D acct just went on about if LL died etc...

SPARKY: The question was about # on Escrow acct. Hopefully with a thorough background check you have avoided getting to the point of judgement claim, but my understanding is that once you get to that point the court forces # disclosure.

NELLIE: Thanks for explaining how you hold S/D's. In regards to Credit Check, Prospective tenant can obtain their own report from the big three and provide a copy to LL. That in conjunction with DL#, bank, tax statements, and pay stubs can provide insight into ability to pay. Megan's Law database for sex offenders. We typically find red flags before getting to the point of running any kind of check by looking at pay stubs, calling employer, drive by current residence, copy of current lease, and making sure LL phone number is actual LL's.

VEE: Thanks for explaining how you do it.

JOHN: Think I pretty much explained all in response above. As stated above, not just a "gut feeling" and can't "just tell" but with what we do we learn quite a bit without a full on credit report.

Intelligent LLs don't allow the tenant to get their own credit reports. Trivial to fake.

Again, I'm just saying that most of us here -- including some very well respected and experienced LLs -- would ALWAYS require an SSN. We discuss it here OFTEN. The general consensus -- with vast agreement across most of the people here -- is that SSNs are required -- period.

Yes, we CAN learn quite a bit without a full report. But, in the end, we still do them.

All that being said, you are correct -- your question was about the bank account. In my opinion and reading of the law, his Landlord is simply wrong and/or doing it wrong. In PA, it is NOT required that the accounts be in the name of the tenant and, therefore, it is not required that the tenant give the SSN. (Again, that is what the LAW requires -- what the LL requires may be different. But my guess is that he is just confused about the law.)

You might try talking to the LL and explaining that the account doesn't have to be in the tenant's actual name by law.

- John...