Pennsylvania landlord-tenant law are acquired automatically after a lease has been established. Lease agreements can be oral, in written format, or after the landlord accepts a payment from a tenant.
As a landlord, it’s crucial to know what rights and obligations both you and your tenant have. From entry rules and security deposit laws, to habitability issues, eviction rules, and everything in between, landlords must remain informed and compliant.
Penalties for violating any of these laws can be severe. Luckily for you, this guide contains all the important basics of the Pennsylvania landlord-tenant laws you should know about.
Pennsylvania Tenant Rights and Responsibilities
Tenants have the following rights under state and federal law. A right to:
- A fair and just eviction process.
- A rental property that meets the basic health and safety requirements.
- Have requested repairs made within a “reasonable” amount of time.
- Have the security deposit, or whatever remains thereof, returned within 30 days after moving out.
- Terminate a periodic lease after proper notification.
- Be treated fairly as per the Federal Fair Housing Act.
- Be provided info about lead-based paint concentrations for homes built before 1978.
As for tenant responsibilities in Pennsylvania, they include:
- Keeping the unit clean and habitable as per the lease.
- Using the provided fixtures reasonably and for their intended purposes.
- Not cause negligent property damage.
- Respect other neighbors' right to peace and quiet enjoyment.
- Pay rent on time, every time.
- Adhere to the lease terms.
- Make minor repairs and those that result from their negligence or carelessness.
- Care for the property and report any repairs or maintenance issues that arise.
Pennsylvania Landlords’ Rights and Responsibilities
Landlords in Pennsylvania have the following rights under state law. A right to:
- Evict renters for not abiding by the terms of the lease agreement.
- Require all applicants to undergo a screening process before renting the property.
- Require a qualified tenant to pay a security deposit equal to up to 2X the monthly rent for the first year of tenancy.
- Not to renew a periodic or fixed-term lease after the expiry of the term.
- Still hold tenants who breaks their lease early liable for paying rent under a lease period.
- Raise rental rates by any amount and as often as you choose.
- Enter a tenant’s rented unit at will for reasonable purposes.
As a landlord, your list of obligations includes:
- Providing your renters with the legally required amenities for habitable housing.
- Make required and requested repairs in a timely fashion.
- Follow the state’s judicial eviction process when removing a tenant for a legitimate reason.
- Return the tenant’s security deposit within 30 days of them moving out.
- Notify the tenant before terminating their periodic leases.
- Make reasonable efforts to find a replacement tenant after a tenant breaks their lease early.
- Notify the tenant before raising the rental fee.
- Treat tenants fairly and equally as per the Fair Housing Act.
Overview of the Pennsylvania Landlord-Tenant Laws
The following are some policies that make up Pennsylvania landlord-tenant law:
Fair Housing Laws
As a landlord, you must treat your tenant fairly as per the Fair Housing Act. The act prohibits housing discrimination against tenants based on 9 classes. They are race, color, religion, nationality, religion, familial status, disability, age, and pregnancy status. As such, make sure to be fair and consistent regarding tenant screening, and repair and property maintenance responses, among others.
Landlord Entry
Residential landlords have a right to enter their tenants’ rented units for certain reasons. In doing so, however, you must abide by certain rules including entering during normal business hours, and having a legitimate reason for entry.
Pennsylvania law doesn’t require landlords to notify tenants before entry. However, most landlords do so regardless to avoid potential harassment claims. A 24-hour minimum entry notification usually suffices.
Rent Increases
There is no rent control law in Pennsylvania. This means that you can raise rent by as much as you wish as long as you notify the tenant beforehand. There is also no cap on how frequently you can do so. That said, rent increases due to discrimination or in retaliation are illegal. You’ll also want to keep the increase reasonable to avoid making your rental uncompetitive.
Lease Termination
Just like in other states, either party in the written lease can break a periodic lease after serving proper notice. For instance, to break a month-to-month lease, either party can terminate it by giving the other a 15 days’ advance notice.
For fixed-term leases, though, the end date is usually specified in the lease agreement. Only two exceptions exist in this regard. One, is if the tenant violates the written lease agreement and you obtain a court order to evict them. The other exception is when the tenant breaks the lease due to a legally justified reason.
Security Deposit Rules
Certain rules apply under landlord-tenant laws regarding the collection and holding of security deposits in the state of Pennsylvania. The following is a basic overview of those rules:
- You must charge no more than the equivalent of 2X the monthly rent.
- You must store the tenant’s security deposit in either an escrow account or post it as a surety bond.
- You may be able to withhold part or all of the tenant’s security deposit for damages exceeding normal wear and tear.
- The time limit for returning a tenant’s deposit is 30 days.
Bottom Line
Now you have a basic overview of your legal obligations under the Pennsylvania's landlord-tenant law. Remember you cannot feign ignorance of the law when renting out a property. For expert property management help in Philadelphia, look no further than Lone Eagle Management. We are equipped with the necessary expertise to handle all your needs. Contact us today to learn more about our property management services!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
