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Pennsylvania

This article provides a quick overview of some key Pennsylvania Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Pennsylvania Statutes cited below to research this information and it should be a good starting point in learning about the law.

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Pennsylvania Commercial Lease Agreement

Pennsylvania Landlord Tenant Key Rules

Official Pennsylvania Forms:

Leases

Notices

Addendums

Forms

Property Management

Disclosures

Checklists

 

Applications

Letters

 

Security Deposit

TOPIC RULE
Security Deposit Maximum: Landlords may require a sum not in excess of two months’ rent to be deposited in escrow for the payment of damages to the leasehold premises and/or default in rent thereof during the first year of any lease. See statute for second and subsequent years. 68 Pa. Stat. § 250.511a
Security Deposit Interest: Landlords are entitled to receive as administrative expenses – sum equal to one per cent per annum upon the security deposit, which shall be in lieu of all other administrative and custodial expenses. 68 Pa. Stat. § 250.511b
Separate Security Deposit Bank Account: A separate bank account is required. See statute for provisions. 68 Pa. Stat. § 250.511b
Non-refundable fees: No statute.
Pet Deposits and Additional Fees: No statute.
Deadline for Returning Security Deposit: The security deposit must be returned within 30 days of the termination of the lease or upon release and acceptance of the dwelling unit, whichever comes first. 68 Pa. Stat. § 250.512
Permitted Uses of the Deposit: Landlords must provide a tenant with a written list of any damages to the dwelling unit for which the landlord claims the tenant is liable. Delivery of the list must be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest. The difference represents the payment of damages for the dwelling unit and the actual amount of damages to the dwelling unit caused by the tenant. 68 Pa. Stat. § 250.512
Security Deposit can be Withheld: Delivery of the list must be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest. The difference represents the payment of damages for the dwelling unit and the actual amount of damages to the dwelling unit caused by the tenant. 68 Pa. Stat. § 250.512
Require Written Description/Itemized List of Damages and Charges: Landlords must provide a tenant with a written list of any damages to the dwelling unit for which the landlord claims the tenant is liable when returning the security deposit from escrow. 68 Pa. Stat. § 250.512
Receipt of Security Deposit: No statute.
Record Keeping of Deposit Withholdings: No statute.
Failure to Comply: Landlords who fail to provide a written list to the tenant within 30 days shall forfeit all rights to withhold any portion of the deposit, including any unpaid interest. If they fail to provide the remaining deposit, after withholdings, within 30 days, the landlord shall be liable to double the amount by which the sum deposited in escrow, including any unpaid interest. 68 Pa. Stat. § 250.512

Lease, Rent & Fees

TOPIC RULE
Rent is Due: No statute. Typically rent is paid at the beginning of the month.
Payment Methods: No statute.
Rent Increase Notice: No statute.
Late Fees: No statute.
Application Fees: No statute.
Prepaid Rent: Landlords may only collect up to two (2) months’ of prepaid rent for purposes of escrow for the initial lease year, with only one (1) month’s rent in subsequent years. 68 Pa. Stat. § 250.511a
Returned Check Fees: Landlords can charge up to $50 for a returned check fee for a rent payment. If the financial institution processing the bad check charges more than $50, the landlord can charge the actual amount of the fee.
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes. Tenants have statutory rights to deduct the amount of any direct payments to the utility from any rent payments then or thereafter due. Tenants are protected against any retaliation by the landlord for exercising such statutory right; to recover money damages from the landlord for any such retaliation. 68 Pa. Stat. § 399.6
Tenant Allowed to Repair and Deduct Rent: No statute.
Self-Help Evictions: Not permitted.
Landlord Allowed to Recover Court and Attorney’s Fees: No statute.
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: No statute.

Notices and Entry

TOPIC RULE
Notice to Terminate Tenancy: When the lease is for any term of one year or less (or for an indeterminate time), the notice shall specify that the tenant shall be removed within fifteen days from the date of service thereof. When the lease is for more than one year, then the tenant must be removed within thirty days from the date of service thereof. 68 Pa. Stat. § 250.501
Notice to Terminate a Periodic Lease – Month-to-Month: When the lease is for any term of one year or less (or for an indeterminate time), the notice shall specify that the tenant shall be removed within fifteen days from the date of service thereof. 68 Pa. Stat. § 250.501
Notice to Terminate a Periodic Lease – Week-to-week: No statute.
Notice to Terminate Lease due to Sale of Property: No statute.
Notice of date/time of Move-Out Inspection: No statute.
Notice of Termination for Nonpayment: In case of failure of the tenant, upon demand, to pay any rent reserved and due, the notice must indicate that the tenant must vacate within ten (10) days from the date of the notice. 68 Pa. Stat. § 250.501
Notice for Lease Violation: No statute.
Required Notice before Entry: There is no exact time specified, but it is recommended to provide 24 hours’ notice or more.
Entry Allowed with Notice for Maintenance and Repairs: No statute.
Emergency Entry Allowed without Notice: No statute.
Entry Allowed During Tenant’s Extended Absence: No statute.
Entry Allowed with Notice for Showing the Property: No statute.
Notice to Tenants for Pesticide Use: No statute.
Lockouts Allowed: No statute.
Utility Shut-offs Allowed: No statute.
Electronic Notices Allowed: no

Disclosures

  • Name and Addresses: Landlord must disclose name and address of owner and manager. (Pa. Stat. Ann. tit. 68 § 250.101 et seq.)
  • Copy of the Lease: Tenant must be provided with a copy of the lease. (Standard practice)
  • Domestic Violence Situations: Victims may terminate lease with protection order. (Philadelphia Code 9-804)

Duties

Landlord’s Duties

Tenant’s Duties

  • Cleanliness: Maintain unit clean. (Common law)
  • Trash: Dispose properly. (Common law)
  • Plumbing: Use fixtures properly. (Common law)
  • Appliances: Use responsibly. (Common law)
  • Damage: Avoid damage. (Common law)
  • Quiet Enjoyment: Do not disturb others. (Common law)
  • Subleasing: Permitted with consent. (Lease-specific)
  • Retaliation: Not permitted. (Pa. Stat. Ann. tit. 68 § 250.205)
  • Lead Disclosure: Required by federal law.