Rental relationships can quickly sour for any number of reasons, leading to financial losses for landlords. To prevent these issues, it's essential for both parties involved to establish clear ground rules.
A rental lease agreement serves this purpose by clearly outlining the rights and responsibilities of both parties. However, for a lease to be valid and enforceable under Pennsylvania law it must include some key clauses and disclosures.
This article covers the essential components of lease agreements in Pennsylvania as well as everything landlords need to know to ensure compliance with state laws. Additionally, we offer free Pennsylvania rental agreement templates to help you get started.
Essential Lease Clauses
According to Pennsylvania rental agreement laws landlords should include several key clauses in the lease agreement to make it valid and enforceable.
Below are some of the elements that are expected to be incorporated into a well-drafted lease agreement in Pennsylvania.
- Names and Contact Information: The lease agreement should outline the complete legal names and current contact details of both the property owner and the tenant. This ensures clear communication throughout the lease period.
- Property Description: Under Pennsylvania law, it's mandatory for landlords to include a detailed description of the property in a rental agreement. The description should cover the property’s address, number of units or suites (if applicable), housing features, and any furnishings or appliances included.
- Lease Term and Renewal Options: Residential lease agreements in Pennsylvania are required to clearly outline details about the duration of the lease and renewal options. Additionally, the lease is expected to specify any potential rent changes for lease renewals. This would help avoid disagreement between both parties during and after the lease period.
- Rent Amount and Due Date: According to Pennsylvania rental laws, a lease agreement should outline the rent amount and due date to set expectations between both parties. The landlord is also expected to specify if there would be a grace period or late fee for rent defaults as well as the amount.
- Utilities and Maintenance Responsibilities: All agreed-upon responsibilities for both parties should be stated in the lease agreement. For example, the tenant may be responsible for utilities such as electricity, water, or gas. The landlord's responsibilities may include property maintenance, such as repairs and upkeep.
- Pet Policy: While Pennsylvania law allows tenants to have pets in rental properties, landlords have the right to impose pet bans as long as it's explicitly stated in the lease. Landlords that allow pets on their property must include any restrictions related to pet size, breed, or number in their pet policy. Additionally, the pet policy is expected to outline any extra fees or deposits required for having pets on the premises, if applicable.
- Early Lease Termination: Landlords can include specific guidelines for tenants who might need to break a lease agreement early for whatever reason. This clause should clearly outline any penalty fees or notice requirements for early lease termination.
Required Disclosures in a Pennsylvania Lease Agreement
Under federal and state rental law, landlords in Pennsylvania are mandated to make certain disclosures to tenants in their rental agreements. These disclosures not only protect tenants but also help landlords avoid potential legal issues.
Below is an overview of the required disclosures in a Pennsylvania lease agreement.
- Lead Paint Disclosure: For property built before 1978, landlords are required to provide information about lead-based paint and its associated hazards. This disclosure is essential for the safety of your tenants, particularly children.
- Utility Disclosure: Per Pennsylvania law, landlords are required to disclose all available utilities in the rented unit to the tenant. Also, they are expected to specify the utilities they have agreed to furnish or pay for during the lease period.
- Mold Disclosure: Landlords are required to inform tenants about any known areas of mold on the property. Additionally, they are mandated to disclose any other material defects that could affect the tenant's living conditions.
Optional Disclosures
While the following disclosures are not mandatory, including them in your lease agreements can enhance transparency and trust:
- Medical Marijuana Use: Landlords can include a policy regarding the use of medical marijuana on the premises in the lease agreement.
- Bed Bug Disclosure: You can also inform the tenant of any history of bed bug infestation in the property.
- Asbestos Disclosure: If applicable, disclose the presence of asbestos in the building.
Fixed-term vs. Month-to-Month Leases
There are several types of rental lease agreements in Pennsylvania, the most common ones being month-to-month and fixed-term leases. Each Pennsylvania rental agreement type has its unique characteristics and legal requirements.
Below is a table comparison to help you decide which one would work best for your rental arrangement.
| Features |
Fixed-term Leases |
Month-to-Month Leases |
| Duration |
Set for a specific period (e.g., 6 months, 1 year) |
Continues indefinitely until terminated by either party |
| Notice for Termination |
Typically, no notice is required; ends automatically unless renewed |
Requires 30 days' written notice from either party to terminate |
| Rent Changes |
Rent is fixed for the duration of the lease; cannot be increased until renewal |
Rent can be adjusted with proper notice, usually 30 days |
| Early Termination |
Tenant may face penalties for breaking the lease early; landlord cannot terminate without cause |
Either party can terminate with notice, providing more flexibility |
| Legal Obligations |
Both parties must adhere to the lease terms; landlords must maintain the property. |
Similar obligations, but with more flexibility in terms of changes |
Security Deposit Rules in Pennsylvania
Following Pennsylvania rental laws, landlords are required to include details of security deposits in the lease agreement. The collection and repayment of security deposits are governed by the Pennsylvania Landlord and Tenant Act, specifically Sections 250.511a to 250.512.
Here’s an overview of the key security deposit laws that should be incorporated into your lease agreements:
- Maximum Amount: Landlords can collect a maximum security deposit of two months' rent during the first year of the lease. For subsequent years, this amount is reduced to one month's rent (68 PS § 250.511a, p. 15).
- Collecting Security Deposits: Per Pennsylvania law, landlords are allowed to collect security deposits from tenants at the beginning of the lease. However, it's required for landlords to provide clear security deposit disclosures within the lease agreement to ensure transparency.
- Acceptable Deductions from Security Deposits: It's important for landlords to note that deductions from the security deposit can only be made after the lease has ended or been canceled. Acceptable reasons for deductions include costs associated with any damage to the rental property, unpaid rent, and breaches of the rental agreement terms.
- Return Timeline: Landlords are required to return the security deposit within 30 days of lease termination or upon the tenant's surrender of the premises, whichever occurs first (68 PS § 250.512, p. 16).
- Holding Deposits: If a landlord holds a security deposit greater than $100 for more than two years, it must be kept in an escrow account at a federally or state-regulated financial institution (68 PS § 250.511.2a-c, p. 16). This ensures that tenants' funds are protected and properly managed.
Rent Collection Rules in Pennsylvania
All the specific guidelines that govern rent collection in Pennsylvania are outlined in the Pennsylvania Landlord Tenant Act. Here’s an overview of the key regulations that should be included in rental agreements.
- Late Payments: Landlords have the right to impose late fees if rent is not paid by the due date. However, the specific amount of the late fee must be clearly stated in the lease agreement. It's important to note that Pennsylvania law does not impose any statutory limits on late fees.
- Grace Period: In Pennsylvania, there is no mandated grace period for rent payments.
- Rent Withholding: Tenants are permitted to withhold rent if landlords fail to provide essential services or utilities, such as water or heat. In such cases, tenants can deposit their rent into an escrow account instead of paying the landlord directly, as specified under 68 P.S. § 250.206.
- NSF Fees for Bounced Checks: If a tenant's rent check bounces, landlords may charge a returned check fee of up to $50. If the landlord incurs a higher fee from their financial institution, they are allowed to charge that actual amount instead, as per 18 P.S. § 4105e.
Tired of having to deal with late rent as a landlord? Try using Landlord Studio’s online rent collection tool. This platform allows tenants to automate their payments, and you’ll save time on bookkeeping with seamless, automated income tracking.
Even better, it’s free for landlords! Each transaction carries a small fee of $2.50, which you can pass to tenants or cover yourself. And you’re always in control—set rent amounts and due dates, prevent partial payments, automate rent reminder emails, and easily manage late fees.
Create your free Landlord Studio account today and nevr experience late rent again.
Lease Termination and Renewal
In Pennsylvania, lease agreements can be terminated by both parties as long as the appropriate notice is given. The notice requirements for lease termination in Pennsylvania vary depending on the lease type. Pennsylvania lease termination notice requirements are outlined in 68 Pa. Stat. §§ 250.501.
- Notice Required to Terminate Tenancy – A year or less or for an indeterminate time: 15 days
- Notice required to Terminate Tenancy – More than a year: 30 days
- Notice Required to Terminate a Month-to-Month Lease: 15 days
- Notice required to Terminate a Lease for Nonpayment of Rent: 10 Days
Early Lease Termination
Tenants can only terminate their leases early under certain conditions, such as:
- An Early Termination Clause that specifies penalties.
- Active Military Duty, allowing termination without penalty if proper documentation is provided.
- Instances of harassment or uninhabitable conditions, where tenants can break the lease without incurring penalties.
Lease Renewal
Pennsylvania does not have specific laws governing lease renewals, but general guidelines apply:
- Automatic Renewal: Leases may automatically renew for a specified period unless otherwise stated in the lease.
- Notice to Terminate: The lease should specify the notice period for termination or changes, typically ranging from 60 to 120 days.
Free Pennsylvania Lease Agreement Template(s)
Final Words: Pennsylvania Lease Agreements
We can't stress enough how important it is to have a clear and legally binding lease agreement in Pennsylvania. The purpose of a well-structured lease is not only to define the terms of the rental arrangement but also to provide essential protections for both parties.
However, landlords should ensure that they understand and adhere to federal and state laws that govern rental agreements in Pennsylvania. This includes incorporating the key clauses and providing the necessary disclosures as required by state law.
For your convenience, be sure to download our free lease agreement template below. These templates ensure compliance with state laws and foster a positive rental experience.
Pennsylvania Landlord Tenant Laws
Related Articles
![A Guide To Pennsylvania Lease Agreements [+Free Template]](https://cdn.prod.website-files.com/637ac7502ecc7e25ee8a2510/66acc776c932eb44d905094b_66341f7bd923deca0c766d74_Flag_of_Pennsylvania.svg-p-500.png)
%201.svg)
