Pennsylvania Tenant-Landlord Rental Laws & Rights for 2024

Types of Tenancies

There are several different types of tenancies recognized under Pennsylvania landlord-tenant law:

Periodic Tenancy: 

A periodic tenancy is a rental agreement that automatically renews after each period, such as month-to-month or week-to-week. There is no set end date. Either the landlord or tenant can terminate the tenancy by giving proper written notice.

Fixed-Term Lease: 

A fixed-term lease has a definite start and end date outlined in the lease agreement, such as a 6-month or 1-year lease. The tenancy automatically terminates on the end date unless renewed by both parties.

Year-to-Year Lease: 

This is a special type of periodic tenancy that renews automatically every year unless proper notice is given by either party to terminate. It continues indefinitely on a year-to-year basis.

Tenancy-at-Will: 

An informal agreement that can be terminated at any time by either the landlord or tenant, often with minimal notice required. This provides the least amount of protection for both parties.

The type of tenancy determines factors like required notice periods to terminate, renewal rules, and other rights/responsibilities. Fixed-term leases provide the most stability but less flexibility than periodic tenancies.

Discrimination Prohibited

In Pennsylvania, both the federal Fair Housing Act and the Pennsylvania Human Relations Act prohibit housing discrimination based on certain protected characteristics. Landlords cannot refuse to rent, impose different rental terms, or otherwise discriminate against tenants due to their race, color, national origin, religion, sex, familial status (including pregnancy), disability, or age. 

Some examples of illegal housing discrimination include:

• Refusing to rent to someone because they have children or are expecting a child
• Advertising that specifies preferences based on race, religion, or other protected classes
• Quoting higher rent or requiring a larger security deposit for tenants of a certain national origin
• Refusing to allow reasonable modifications for tenants with disabilities
• Sexually harassing tenants

Landlords also cannot retaliate against tenants for making a fair housing complaint. Pennsylvania law extends protections even further by also prohibiting housing discrimination based on age (over 40), use of guide animals, and handling of public assistance.

Violations should be reported to the Pennsylvania Human Relations Commission or the U.S. Department of Housing and Urban Development (HUD). Victims of housing discrimination may be entitled to compensation and other remedies.

Applying to Rent

When applying to rent a property in Pennsylvania, landlords are allowed to charge certain fees to prospective tenants to cover the costs of screening applications. Common fees include charges for credit reports, background checks, and application processing.

Landlords cannot charge any application fees until after they have provided the rental unit's rules and criteria for written approval of a prospective tenant. The maximum allowable application fee is determined by the landlord's actual out-of-pocket costs to obtain tenant reports, with no additional profit permitted.

Credit checks and background checks on prospective tenants are legal in Pennsylvania. Landlords can consider factors like rental history, credit scores, criminal records, and income to determine if an applicant qualifies based on their screening criteria. However, they cannot discriminate against applicants based on protected classes like race, religion, familial status, disability, etc.

Security deposits in Pennsylvania have maximum limits based on how the property is rented. For unfurnished properties, the maximum is two months' rent. For furnished properties with tenant-paid utilities, the maximum is three months' rent. If the landlord pays all utilities, the maximum deposit allowed is four months' rent.

Landlords must provide tenants with written disclosure of the landlord's name and address, along with policies for allowable deductions from the security deposit. The deposit must be held in an interest-bearing escrow account in a Pennsylvania bank, and interest earned belongs to the tenant.

The Lease

In Pennsylvania, both written and oral leases are legally binding contracts between a landlord and tenant. However, it's strongly recommended to have a written lease to avoid disputes over the rental terms.

Written Leases

A written lease must include certain disclosures and provisions under Pennsylvania law:

• Names of all tenants over 18 years old
• Address of the rental property
• Term of the lease and rent due dates
• Amount of rent and any fees (e.g. late fees)
• Landlord's name and address
• Responsibilities for utilities and other charges
• Rules regarding pets, smoking, guests, etc.
• Disclosure of the presence of lead-based paint (if applicable)
• Automatic renewal clause if the lease auto-renews

Prohibited Lease Clauses

Pennsylvania law prohibits certain unfair clauses in leases, including:

• Waiving the landlord's duty to maintain a fit premises
• Authorizing the landlord to confess judgment against the tenant
• Excusing the landlord from liability for negligence
• Allowing the landlord to seize the tenant's belongings for unpaid rent

Oral Leases

While oral leases are permitted, they are more difficult to enforce without written documentation of the agreed terms. Oral leases for over one year are generally not enforceable.

Lease Renewals

For a fixed-term lease, the landlord must provide proper notice of non-renewal based on the lease term:

• 1 year or more lease: 3 months notice 
• 6 months to 1 year lease: 1.5 months notice
• 1 month to 6 month lease: 1 month notice

If no notice is given, the lease term automatically renews under the existing terms. Tenants can also provide notice to terminate at the end of the lease.

Tenant's Rights and Responsibilities

As a tenant in Pennsylvania, you have several key rights and responsibilities under the law. One of your primary rights is the right to a habitable premises. Your landlord must ensure the rental unit meets basic standards of habitability by providing adequate weatherproofing, heat, water, electricity, sanitation facilities, and structural safety. 

You also have the right to live in a unit that is free from dangerous conditions that could threaten your health or safety. If your landlord fails to address serious repair issues after receiving proper notice, you may have grounds for rent withholding or repair-and-deduct remedies.

While your landlord is responsible for major repairs, you as the tenant have a duty to keep the premises clean and in good condition. You must use all facilities properly and not damage the unit beyond normal wear and tear. Causing excessive damage could make you liable for costs.

Pennsylvania law allows landlords to establish reasonable rules regulating guests and prohibiting illegal or disruptive behavior on the property. As a tenant, you cannot knowingly allow persons to engage in illegal drug activities or other criminal conduct in your rental unit.

You generally have the right to have a reasonable number of guests, but the landlord can restrict excessive guest stays that essentially create an unauthorized tenancy. Be aware of any guest policies spelled out in your lease agreement.

Overall, while you have rights to habitable housing and peaceful enjoyment of the premises, you also have responsibilities to follow lease terms, keep the unit clean, not damage property, and ensure your guests behave appropriately.

Landlord's Rights and Responsibilities

Landlords in Pennsylvania have certain rights, but also key legal responsibilities that they must uphold. One of the most critical obligations is to provide habitable premises to tenants. This means ensuring the rental property meets basic standards of safety, sanitation, and habitability as required by local housing codes.

Landlords must make any necessary repairs to keep the premises fit and livable. This includes repairs to structural components like walls, floors, and stairs, as well as vital facilities like plumbing, heating, electricity, and hot water. If a repair issue arises that makes the rental uninhabitable, the landlord must address it promptly.

Pennsylvania law also grants tenants a right to privacy in their rental home. Landlords must provide proper notice, typically 24 hours, before entering an occupied rental unit except in emergencies. Valid reasons for entry include making repairs, inspecting the premises, or showing the unit to prospective tenants near the end of a lease term.

Landlords have the right to screen prospective tenants by conducting background and credit checks, verifying income and employment, and checking references. However, they cannot discriminate against applicants based on protected characteristics like race, color, national origin, religion, sex, familial status or disability.

Landlords can establish reasonable rules and regulations for their rental properties regarding issues like noise, guests, parking, pet policies and more. These rules must apply to all tenants equally and cannot conflict with their rights and responsibilities under the law.

Ending a Lease

In Pennsylvania, there are specific rules and requirements around how a tenant can legally end or terminate their lease agreement. Both landlords and tenants must provide proper notice as defined by state law before ending a lease.

Notice Requirements

For a lease with a definite term (e.g. 6-month or 1-year lease), neither the landlord nor tenant is required to give notice to end the lease at the expiration date. The lease simply terminates on the defined end date. However, if the tenant wishes to remain, they must get permission from the landlord to do so.

For a periodic lease (e.g. month-to-month), Pennsylvania law requires tenants to provide their landlord with written notice at least 30 days before the desired termination date. Landlords must give tenants 30 days notice for a yearly lease and 15 days notice for a monthly lease.

Early Termination

A tenant may be able to terminate their lease early in certain situations defined by Pennsylvania law, such as:

• Early termination rights for victims of domestic violence, sexual assault, or stalking
• Termination if the rental unit is condemned and deemed uninhabitable 
• Termination if the landlord violates their duties and responsibilities

If a tenant needs to terminate their lease early for other reasons not covered above, they remain obligated for the remaining term unless the landlord agrees to terminate early. Breaking the lease could expose the tenant to penalties like forfeiting their security deposit and paying additional rent.

Security Deposit Return

After a tenant has vacated and provided proper notice, Pennsylvania landlords must return the security deposit within 30 days. Landlords may deduct from the deposit for any unpaid rent or damages to the unit beyond normal wear and tear. They must provide the tenant with an itemized list of any deductions along with the remaining deposit amount.

If the landlord fails to return the security deposit and list of damages within 30 days, they may be liable to the tenant for double the amount wrongfully withheld, plus reasonable attorney fees.

Rent Increases and Fees

In Pennsylvania, there is no statewide rent control law that limits how much landlords can increase rent. However, some municipalities like Philadelphia have their own local rent control ordinances. For areas without rent control, landlords can raise the rent as much as they want when the lease term expires, as long as proper notice is given per the lease agreement.

Landlords cannot raise the rent during a current lease term unless the tenant agrees in writing or the lease has a specific rent escalation clause. Month-to-month tenants must receive proper written notice, typically 30 days, before a rent increase goes into effect.

In addition to rent, landlords in Pennsylvania are allowed to charge certain other fees:

Security Deposits

For most standard rental units, landlords can charge the equivalent of two months' rent for the security deposit. For tenants with a guide/support animal, landlords can charge up to one month's rent.

Late Fees

Landlords can charge late fees when rent is paid after the due date, but the amount must be specified in the lease. Many leases set late fees at 5% of monthly rent.

Returned Check Fees

A fee of $20-$50 is common for bounced rent checks.

Tenant Screening Fees

Application fees to cover costs of credit/background checks are allowed, but must be reasonable and clearly disclosed upfront.

Damage Fees

Landlords can deduct from the security deposit for excessive cleaning or repairs beyond normal wear and tear when a tenant moves out.

Pennsylvania has no laws prohibiting other common landlord fees like month-to-month premiums, pet fees, amenity fees, or early termination fees, as long as these charges are clearly stated in the lease agreement.

Pennsylvania Security Deposit Laws

Pennsylvania security deposit laws are designed to protect both landlords and tenants by establishing clear guidelines for the collection, use, and return of security deposits. These laws ensure that tenants' funds are safeguarded while providing landlords with a financial safety net for potential damages or unpaid rent.

Collection and Amount

In Pennsylvania, the amount a landlord can charge for a security deposit depends on the length of the tenancy:

• First Year of Tenancy: During the first year, the maximum security deposit a landlord can collect is equivalent to two months' rent.
• Second Year of Tenancy: For the second year and subsequent years, the maximum security deposit a landlord can collect is reduced to one month’s rent.
• Long-Term Tenancies: After five years of continuous tenancy, the landlord cannot increase the security deposit even if the rent is increased.

Use of Security Deposits

Security deposits in Pennsylvania are meant to cover unpaid rent, repair damages beyond normal wear and tear, and address other lease violations. Landlords are required to keep security deposits in a separate, escrow account in a federally or state-regulated institution if the deposit is held for more than two years. Additionally, for deposits over $100, the tenant is entitled to the interest earned on the deposit, minus a 1% administrative fee that the landlord may retain.

Return of Security Deposits

Upon termination of the lease, landlords must return the security deposit to the tenant within 30 days. Along with the return of the deposit, landlords are required to provide a written, itemized statement detailing any deductions made for damages or unpaid rent. If the landlord fails to provide this statement within 30 days, they forfeit the right to withhold any portion of the deposit and must return the entire amount to the tenant.

Disputes and Tenant Rights

Tenants have the right to dispute any deductions they believe are unjustified. Documenting the condition of the rental unit at both move-in and move-out through photographs or video can provide evidence in case of a dispute. If a tenant believes their deposit was wrongfully withheld, they can seek resolution through small claims court or local housing authorities.

Legal Penalties for Non-Compliance

If a landlord fails to comply with Pennsylvania security deposit laws, they may be subject to legal penalties. Tenants can sue for the return of the deposit, and if the court finds in favor of the tenant, the landlord may be required to pay double the amount of the wrongfully withheld deposit.

Repairs and Habitability

Pennsylvania has an implied warranty of habitability that requires landlords to maintain rental properties in a safe and livable condition. This means landlords must keep units compliant with applicable building and housing codes and make necessary repairs to provide tenants with habitable premises.

Landlords in Pennsylvania are obligated to maintain the following in safe and working order:

• Structural components like roofs, floors, walls, and stairs
• Electrical, plumbing, sanitation, heating, and ventilation systems
• Appliances provided with the rental unit
• Common areas like hallways, lobbies, and laundry rooms

If a repair issue arises that makes the rental unit uninhabitable or poses a threat to health and safety, tenants have several potential remedies under Pennsylvania law:

Repair and Deduct

After giving proper written notice, tenants can hire repairs done themselves and deduct the cost from future rent payments, up to the amount of one month's rent.

Rent Withholding

Tenants may withhold a portion of rent that is considered the reasonable value of the loss of use of the uninhabitable part of the property.

Breaking the Lease

In some severe cases, tenants may be able to terminate the lease agreement and move out without penalty if the landlord fails to address major repair issues in a timely manner.

Tenants cannot withhold rent or deduct for repairs without proper written notice allowing the landlord a reasonable opportunity to fix the issue first. Retaliation against tenants for exercising rights like repair requests is illegal in Pennsylvania.

Evictions

Landlords in Pennsylvania can only evict tenants for specific legal reasons outlined in the state's landlord-tenant law. Acceptable grounds for eviction include:

• Nonpayment of rent
• Violation of the lease agreement 
• Causing excessive damage to the property
• Using the premises for illegal activities like drug dealing
• Remaining on the property after the lease has expired

The eviction process begins with the landlord providing proper written notice to the tenant. For nonpayment of rent, landlords must give 10 days' notice to quit the premises. For lease violations, 30 days' notice is required for yearly leases and 15 days for month-to-month agreements.

If the tenant does not vacate after receiving notice, the landlord must then file an eviction lawsuit with the local court. Tenants have the right to respond and defend themselves against the eviction. Common defenses include the landlord's failure to maintain habitable conditions or retaliation against the tenant for exercising legal rights.

Landlords cannot legally evict tenants through "self-help" measures like changing the locks, shutting off utilities, or removing the tenant's belongings. This constitutes an illegal eviction which tenants can sue over. The landlord must go through the formal court eviction process enforced by law enforcement if needed.

If the court rules in favor of the landlord, the tenant will be ordered to vacate by a specified date. Failure to leave can lead to the tenant being forcibly removed by law enforcement officials like sheriff's deputies.

Pennsylvania Squatters' Rights

In Pennsylvania, squatters' rights are governed by the legal doctrine of adverse possession, which allows individuals to claim ownership of a property if they meet specific criteria over a continuous period. Adverse possession laws are designed to encourage landowners to monitor and maintain their property actively. If a property is neglected and someone else occupies it in a way that meets the legal requirements, that person may eventually gain legal ownership.

Criteria for Adverse Possession

To establish a claim of adverse possession in Pennsylvania, a squatter must satisfy several criteria over a statutory period of 21 years. The key elements include:

• Actual Possession: The squatter must physically occupy the property, using it as an owner would. This includes living on the property, making improvements, or maintaining it.
• Open and Notorious: The possession must be visible and obvious to anyone, including the property owner. The squatter's presence should be apparent and not concealed.
• Exclusive Possession: The squatter must be the sole occupant of the property, not sharing control with the owner or others.
• Hostile Possession: The occupation must be without the owner’s permission and against the owner’s interests. Hostility in this context does not imply aggression but means the squatter does not have legal authorization to be on the property.
• Continuous Possession: The squatter must occupy the property continuously for the entire 21-year statutory period without significant interruption.

Color of Title and Adverse Possession

Color of title refers to a situation where the squatter has a document, such as a deed or court order, that appears to give them ownership, even if it is legally defective. While having color of title can strengthen an adverse possession claim, the squatter must still meet all other criteria and occupy the property for the required 21-year period.

Property Owners' Rights and Preventative Measures

Property owners in Pennsylvania can take several steps to prevent adverse possession claims:

• Regular Inspections: Regularly inspecting and maintaining the property can help identify and address unauthorized occupancy promptly.
• Clear Boundaries: Maintaining clear property boundaries with fences or signs can deter squatters and establish clear ownership.
• Prompt Legal Action: Taking swift legal action to remove squatters can prevent them from meeting the continuous possession requirement.
• Permission: Granting explicit permission for someone to use the property can negate the hostility requirement, thereby preventing an adverse possession claim.

Legal Process and Challenges

To establish a claim of adverse possession, a squatter typically needs to file a lawsuit to obtain a court judgment recognizing them as the legal owner. The burden of proof is on the squatter to demonstrate that they have met all the criteria for adverse possession. Property owners can challenge these claims by presenting evidence that the criteria were not met, such as showing that the squatter’s possession was not continuous or that they had permission to be on the property.

Resources for Landlords and Tenants

Pennsylvania provides various resources to help both landlords and tenants understand their rights and responsibilities under state law. Tenants who feel their rights have been violated can file complaints with the appropriate state or local agency.

The Pennsylvania Office of Attorney General has a Bureau of Consumer Protection that investigates complaints against landlords for unfair practices. Tenants can file complaints online or by calling their hotline.

Many cities and counties also have fair housing offices or commissions that enforce anti-discrimination laws in housing. Philadelphia, for example, has a Fair Housing Commission that accepts complaints of housing discrimination.

Legal aid organizations offer free legal assistance to low-income tenants dealing with issues like eviction, repairs, security deposits, and more. Some options are Community Legal Services in Philadelphia, Regional Housing Legal Services, and legal aid clinics at Pennsylvania law schools.

Tenant unions and advocacy groups, such as the Philadelphia Tenant Union and the Pennsylvania Residential Owners Association, provide resources, education, and support for renters navigating landlord disputes.

The Pennsylvania Human Relations Commission enforces the state's anti-discrimination laws in areas like housing, employment, and public accommodations. They accept complaints of housing discrimination based on protected classes.

Frequently Asked Questions

What rights do renters have in Pennsylvania?

Renters in Pennsylvania have the right to a habitable living environment, which means landlords must maintain the rental property to meet basic health and safety standards. Tenants are also protected against discrimination based on race, color, national origin, religion, sex, familial status, disability, and other protected classes. Additionally, tenants have the right to privacy, and landlords must provide reasonable notice before entering the rental unit.

What are the obligations of a landlord in Pennsylvania?

Landlords in Pennsylvania are obligated to maintain the rental property in a habitable condition, which includes making necessary repairs, ensuring the property meets health and safety standards, and complying with local housing codes. Landlords must also respect tenants' privacy by providing reasonable notice (usually 24 hours) before entering the rental unit, except in emergencies. Additionally, landlords must handle security deposits according to state laws and provide an itemized statement of any deductions from the deposit when the lease ends.

What is the tenants rights organization in Pennsylvania?

One prominent tenants' rights organization in Pennsylvania is the Pennsylvania Legal Aid Network (PLAN). PLAN provides free legal services to low-income individuals, including assistance with housing issues such as eviction, landlord-tenant disputes, and housing discrimination. Tenants can contact their local legal aid office for help and information about their rights.

Can a landlord evict you if there is no lease in Pennsylvania?

Yes, a landlord can evict a tenant without a written lease in Pennsylvania, but they must follow the proper legal procedures. For month-to-month tenancies, the landlord must provide at least 15 days' notice if the tenant has lived in the rental unit for less than one year, and 30 days' notice if the tenant has lived there for more than one year. The notice must be in writing, and if the tenant does not vacate after the notice period, the landlord must file an eviction lawsuit to legally remove the tenant.

How much notice does a landlord have to give a tenant to move out in Pennsylvania?

The amount of notice a landlord must give a tenant to move out in Pennsylvania depends on the type of tenancy:

• For month-to-month tenancies, landlords must provide at least 15 days' notice if the tenant has lived in the rental unit for less than one year, and 30 days' notice if the tenant has lived there for more than one year.
• For week-to-week tenancies, landlords must provide at least 7 days' notice. For fixed-term leases, the lease agreement typically specifies the notice period required for termination.