Pennsylvania
A Pennsylvania lease agreement establishes the terms between a landlord and a tenant, allowing the landlord to rent their property for a specified duration. The lease typically includes essential details such as contact information for both parties, the property address, pet policies, and payment guidelines.
SimpleBasicLease_Pennsylvania
Rental Lease Laws Overview
In Pennsylvania, there are no rent control laws, and landlords are not restricted in the amount they can charge for late fees. Additionally, late fees are not specified in rental agreements, and there is no mandated grace period for late payments. While a license is required for landlords in Philadelphia, it is not necessary for landlords operating in other parts of the state. It is advisable for landlords to screen potential tenants using a rental application prior to finalizing any lease.
Required Lease Disclosures
Landlords in Pennsylvania must provide specific disclosures to tenants:
- Disclosure of Lead-Based Hazards: Properties built before 1978 must come with a notification about potential lead-based paint hazards, as mandated by federal law.
- Security Deposit Notice: If a security deposit exceeds $100, it must be deposited in a federally or state-regulated banking institution, and the landlord must inform the tenant of the institution’s name and address.
- Notice of Abandoned Personal Property: Landlords are required to notify tenants of any presumed abandoned property and must store such property for a minimum of ten days from the date of notice.
Security Deposit
Landlords cannot request more than two months’ rent as a security deposit. While there is no legal requirement for landlords to provide receipts for the deposit, they must return the security deposit within thirty days after the lease concludes. If the tenant has completed three years of tenancy, the landlord is obligated to provide any interest earned on the security deposit. Landlords may only withhold funds from the security deposit for damages caused by the tenant, excluding normal wear and tear, and must provide a written list of deductions within thirty days to retain the right to withhold any funds.
Rent Payments
There is no statute in Pennsylvania that specifies when rent is due; this detail is typically outlined in the lease agreement. There are no laws governing rent control, and any rent increases should be addressed within the lease. Additionally, there are no state-mandated late fees or grace periods. If a landlord fails to provide essential services, tenants are permitted to withhold rent and deposit it into an escrow account.
Landlord Right of Entry
Landlords are not required to provide notice before entering a tenant’s premises for emergencies or non-emergencies, although it is advisable to give reasonable notice and a written statement prior to entry. Tenants may change the locks on their rental unit with the landlord’s permission.
Property Repairs
Landlords are responsible for providing essential services and utilities, such as water and heating. If they fail to do so, tenants may have grounds to withhold rent or pursue other legal actions. Tenants are responsible for maintaining the property, paying rent, and returning it in the same condition as received, barring normal wear and tear. If a tenant does not maintain utilities, the landlord may issue a notice to vacate, which can be either 15 or 30 days, depending on the lease terms.
Terminating a Lease
For month-to-month tenancies, either party can terminate the lease by providing a 30-day notice. If a tenant leaves personal property behind, the landlord must store it and notify the tenant in writing to retrieve it within ten days. The tenant may request that the landlord store the property for an additional 30 days from the date of the notice.
Statutes
- 68 Pa. Stat. § 250.511a – Escrow funds limited
- 68 Pa. Stat. § 250.512 – Recovery of improperly held escrow funds
- 68 Pa. Stat. § 250.511b(b) – Interest on escrow funds held more than two years
- 68 Pa. Stat. § 250.511b – Interest on escrow funds held more than two years
- 68 Pa. Stat. § 250.206 – Statement of escrowed funds
- 68 Pa. Stat. § 250.501(b) – Notice to quit
- 68 Pa. Stat. § 250.205 – Participation in tenants’ association
- 42 Pa. C.S. § 1123 – Jurisdiction and venue
FAQs
In Pennsylvania, landlords must provide several required disclosures, including a notice of lead-based hazards for properties built before 1978, a security deposit notice if the deposit exceeds $100, and a notice regarding abandoned personal property, which must be stored for at least ten days.
In Pennsylvania, landlords cannot request more than two months’ rent as a security deposit. Additionally, if the deposit earns interest, landlords must provide the tenant with that interest after the tenant’s third year of tenancy.
Landlords in Pennsylvania must return a tenant’s security deposit within thirty days after the lease ends. If they withhold any funds for damages, they must provide a written list of deductions within the same thirty-day period.
Yes, tenants in Pennsylvania can withhold rent if the landlord fails to provide essential services or utilities. In such cases, tenants should deposit the withheld rent into an escrow account.
For a month-to-month tenancy in Pennsylvania, either party can terminate the lease by providing a 30-day notice to the other party.
No, Pennsylvania does not have any rent control laws. Rent increases should be specified in the lease agreement, and landlords are free to set rental prices without state-imposed limits.
Landlords in Pennsylvania are required to provide essential services, such as water and heat. If they fail to do so, tenants may have legal grounds to withhold rent or take other appropriate actions.
While Pennsylvania law does not require landlords to provide notice before entering a rental property for emergencies or non-emergency reasons, it is recommended that landlords give reasonable notice and a written statement before entry.