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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
Landlords in Pennsylvania have the responsibility to return a renter’s security deposit within 30 days of the tenant moving out.
Landlords must make repairs within 30 days of being notified. If the landlord fails to do so, it is within a tenant’s rights to withhold the cost of the repair from his or her next rent payment. If the premises are unfit for human habitation, tenants may withhold rent in its entirety and they have the right to abandon the rental unit.
Pennsylvania tenant law gives renters 10 days from leaving a property to arrange to claim their personal items. Landlords must send tenants a written notice that their personal belongings remain on the property. Landlords must hold items for 30 days if a tenant responds and shows intent to collect the items. If a tenant fails to respond to the notice within 10 days, landlords may dispose of belongings.
Landlord and Tenant Act of 1951 — Disposition of Abandoned Personal Property
Renters’ rights in Pennsylvania mean landlords cannot request a security deposit of more than two months’ rent. If tenants rent for subsequent years, the security deposit must be no more than one months’ rent. However, there are no rules around late fees or grace periods, meaning landlords may set their own terms.
Pennsylvania Statutes Title 68 P.S. Real and Personal Property § 250.511a. Escrow funds limited
SECTION 2
Collection and repayment of security deposits in Pennsylvania is covered by the Pennsylvania Landlord and Tenant Act of 1951, §§ 250.511a to 250.512.
A security deposit for rent is a returnable sum that covers potential losses and rental property damage for the landlord. A security deposit in Pennsylvania may be worth no more than two months’ rent for the first year and one month’s rent for the second through fourth years. Landlords may not charge an additional security deposit from five years onward.
Landlords do not need to provide receipts for security deposits. However, they do need to provide tenants with the name and address of the institution holding the security deposit in writing. If the security deposit is more than $100, landlords must hold the amount in a state or federal institution.
If the tenant renews the lease after two years, security deposits over $100 must be in an interest-bearing escrow account. The tenant will receive the interest annually, on the date of the lease. Landlords may keep 1% of the security deposit as an administrative fee.
Landlords must return security deposits to tenants within 30 days of the expiration of the lease.
Landlords may make a deduction on a security deposit once the lease ends or is canceled. This may only cover:
Landlords must provide an itemized list of damages that they used funds from the security deposit to repair.
A landlord is only allowed to collect up to 2 month’s rent for escrow purposes, 1 month’s rent during any subsequent years. (68 P.S. §§250.511a.)
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SECTION 3
In Pennsylvania, a rental agreement is only a requirement for lease of more than three years. The agreement must be in writing.
For leases of less than three years, the agreement may be oral or in writing.
Landlords in Pennsylvania must give ample notice when bringing a lease agreement in Pennsylvania to an end. The amount of notice required depends on the length of the lease.
These notice periods are different when terminating a lease early, for example, due to lease violations. You can review these other lease termination notice requirements in section 5 below.
There are no lease renewal laws in Pennsylvania, but landlords are recommended to include in their rental agreements:
A lease agreement in Pennsylvania must include:
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Yes, when an government agency or department certifies that a dwelling is uninhabitable, the tenant can elect to deposit rent into an escrow account rather than pay the landlord directly. (68 P.S. §§ 250.206)
No Statute.
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SECTION 4
In Pennsylvania, rent increase laws require landlords to provide tenants with proper notice before raising the rent. The amount of notice generally depends on the type of lease agreement. Here's a breakdown of the notice requirements:
The notice must be in writing and include both the new rent amount and the effective date of the increase. Verbal notices are not legally valid.
Failing to comply with these notice requirements renders the rent increase unlawful, allowing tenants to contest it. To avoid disputes, landlords should ensure they strictly adhere to these rules.
The lack of rent control laws means landlords in Pennsylvania may raise rent whenever they like.
Landlords may raise rent by as much as they want, provided it is in accordance with the tenant’s lease.
While there is no specific statute regarding how landlords must to notify tenants of a rent increase it is best practice to give a tenant ample warning, at least 30 days, and to put any rent increases into a formal written notice for future reference. Failing to comply with these rent increase laws could prevent you from enacting your planned rent increase.
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Related: How to Increase the Rent: Free Rent Increase Letter
SECTION 5
Although eviction laws in Pennsylvania vary according to the county, the process is much the same throughout the state.
When an eviction is not due to a failure to pay rent, landlords must typically provide tenants with 30 days’ notice if the tenant has a lease agreement for one year and 15 days’ notice if the lease agreement is for less than one year.
If the eviction is for nonpayment of rent, landlords must typically give tenants 10 days’ notice.
A written lease agreement may waive or change notice to quit terms.
Notice requirements for ending a lease in Pennsylvania are detailed in 68 P.S. §§ 250.501, and the length of notice varies depending on the reason for the landlord terminating the lease.
As per 68 Pa. Stat. § 250.501 there are three reasons and landlord may legitimately terminate a lease in Pennsylvania. "(1) Upon the termination of a term of the tenant, (2) or upon forfeiture of the lease for breach of its conditions, (3) or upon the failure of the tenant, upon demand, to satisfy any rent reserved and due.”
After the notice period is over, the landlord must file a complaint. The Magisterial Judge’s office will schedule a hearing between seven and 15 days after the date of the complaint.
Find a 10-, 15-, or 30-day notice to vacate template at eForms. Choose between forms for:
The Magisterial District Judge will decide within three days of the hearing. In some cases the judgment will be on the day of the hearing. The judge will issue the decision as a written Notice of Judgment. If the decision is in the landlord’s favor, tenants have 10 days to move out of the rental property or file an appeal (which may mean paying a bond).
In if the judgment is “possession granted if money judgment not satisfied,” a tenant may remain in the rental property if he or she pays the money owed to the landlord in full, including judgment costs.
(Act of Jul. 5, 2012, P.L. 1091, No. 129)
How notice is required before a landlord can enter the property? No exact amount of time is specified but generally at least 24 hours is recommended.
Are landlords allowed to enter the property to conduct repairs and maintenance? There is no statute, but with proper notice landlords should be able to enter the property to conduct necessary repairs. Notice periods are generally waived in the case of an emergency.
Are landlords allowed to enter the property for showings? Again, there is no statute in Pennsylvania on this. However, tenant's have the right to 'quiet enjoyment' of their property. It is always recommended to give reasonable notice before entry. Reasonable notice is generally considered at least 24-48 hours.
SECTION 6
There is no limit to how much landlords may charge for rental applications in Pennsylvania. Furthermore, the rental process is separate from the security deposit and the fees are non-refundable.
Landlords in Pennsylvania may use a basic rental application form to screen potential tenants. They may only use screening criteria that do not violate civil rights laws (such as the Fair Housing Act) and that would not lead to housing discrimination. To avoid claims of discrimination, landlords should use the same procedure with all applicants.
It’s important to note that, although a criminal background is not a protected class, landlords must not use criminal background as the sole criteria in a rental application because it may have a disproportionate effect on some protected groups. The exception is if the criminal background is for crimes related to homicide, the manufacturing or distribution of drugs, or stalking.
Some municipalities in Pennsylvania have their own laws for background checks, which may further limit what landlords are allowed to ask.
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SECTION 7
Landlords usually require tenants to provide written notice to terminate a lease early. Timeframes typically range from 15 to 60 days.
After breaking a lease, tenants may need to pay a penalty fee of one or two months’ rent. However, since landlords are under no obligation to find a new tenant after the current tenant breaks a lease, a tenant may need to continue paying rent until the lease expires.
There are some valid reasons for breaking a lease in Pennsylvania. If any of these apply, the tenant will avoid a penalty:
Federal law gives tenants the right to break a lease under the Servicemembers’ Civil Relief Act (SCRA). This covers all the uniformed services: armed forces, commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and activated National Guard. The tenancy terminates 30 days after the next rent is due.
Landlords in Pennsylvania may terminate a lease early if they wish to evict a tenant. The tenant must have broken the terms of the lease and the landlord must follow proper procedure.
SECTION 8
A few key laws apply to Pennsylvania homeowners associations (HOAs):
HOAs in Pennsylvania are not allowed to have restrictive covenants that prevent homeowners from:
SECTION 9
Since squatters are not lawful tenants, they are not subject to landlord–tenancy restrictions. However, if they’re not causing any damage to the property and haven’t taken any of your possessions, they won’t be prosecuted for residing in the unit. To remove squatters, you need to go through an eviction process.
A tenant who stops paying rent in Pennsylvania becomes a squatter. If the tenant has already rented for at least a year, the landlord must provide 30 days’ notice for eviction.
A squatter who remains in a unit for 21 years can obtain adverse possession of property. This gives the squatter the same rights as any other lawful homeowner. To qualify, the squatter must:
SECTION 10
Below, you’ll find some helpful Pennsylvania landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
