Under Pennsylvania law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Pennsylvania
In Pennsylvania, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Pennsylvania’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating, in Winter | Only Heating, in Winter |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | Partially | Partially |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Not Usually |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Pennsylvania
Landlords are required to make necessary repairs in a timely manner. In Pennsylvania, repairs must be made within a “reasonable” amount of time after getting notice from tenants, determined on a case by case basis. While written notice is always preferable, Pennsylvania permits verbal notice for repair requests, unlike most states.
If repairs aren’t made in a timely manner, Pennsylvania tenants can sue for costs, or a court order to force the landlord to make repairs. They can also withhold rent (usually by paying into a court-approved escrow account) or make repairs and deduct from the rent.
Tenant Responsibilities in Pennsylvania
In Pennsylvania, apart from paying rent, tenants must:
- Keep the unit clean and in a habitable condition.
- Remove all hazards and garbage.
- Keep fixtures clean and in working order.
- Not permit any person to destroy or damage any part of the property.
- Not disturb other tenants or neighbors.
Evictions in Pennsylvania
Pennsylvania landlords may evict tenants for the following reasons:
- Nonpayment of Rent: If a tenant misses a rental payment then the landlord may issue a 10-Day Notice to Quit. If they do not pay and remain on the property, the landlord may file a Summons and Complaint with the appropriate court.
- Lease Violation: If a lease violation occurs, then the landlord may issue a 15-Day Notice to Quit for tenants who lived at the rental unit less than one year and a 30-Day Notice to Quit for tenants of more than one year. Landlords are not legally required to give tenants a chance to remedy the infraction, though it is customary. If the terms are not met, then the landlord may begin eviction proceedings.
- No Lease/ End of Lease: If a tenant continues to reside at the rental unit past their lease term, the landlord must give the tenants a notice to quit before evicting them. The amount of time required in the notice depends on the length and type of tenancy.
- At-Will Tenants: If tenants don’t have a set termination date for tenancy, landlords must provide a 15-Day Notice to Quit.
- Less Than One Year: 15-Day Notice to Quit.
- One Year or More: 30-Day Notice to Quit.
- Illegal Drug Activity: If a tenant is involved with an illegal drug, landlords may issue a 10-Day Notice to Quit before beginning the eviction process.
Landlords are prohibited from evicting tenants as a form of discrimination.
Landlord Retaliation in Pennsylvania
It’s illegal for Pennsylvania landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have recently paid to restore or maintain utilities.
Security Deposits in Pennsylvania
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 2 months’ rent during the first year of a tenancy. After the first year, the maximum security deposit is 1 month’s rent.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Holding Requirement: Landlords must either hold security deposits in an escrow account or secure a bond.
- Interest Requirement: Tenants are entitled to earn interest on their security deposit after the second year of the lease.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, physical damage excluding normal wear and tear, and expenses due to a breach of the lease agreement.
- Time Limit for Return: 30 days.
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld.
Lease Termination in Pennsylvania
Notice Requirements: Tenants who are on a periodic lease must give the following notice if they wish to break the lease:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 15 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 30 Days |
Early Termination: Tenants are legally allowed to break a lease for the following reasons:
- Early termination clause.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
Cost of Breaking a Lease in Pennsylvania
If a Pennsylvania tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Pennsylvania
Pennsylvania does not have rent control and state law does not prohibit cities and towns from creating their own rent control laws.
Because Pennsylvania does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Pennsylvania state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Housing Discrimination in Pennsylvania
Protected Groups: The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. These rules do not apply to owner-occupied homes or homes operated by religious organizations. Pennsylvania has state-level protection that prohibits discrimination based on age or pregnancy status.
Discriminatory Acts & Penalties: The Pennsylvania Human Rights Commission handles cases involving housing discrimination. The following behaviors have been highlighted as potentially discriminatory when directed at a member of a protected group:
- Refusing to rent or sell on a bona fide offer.
- Falsely claiming a unit is unavailable.
- Offering different terms, conditions, or privileges.
- Charging a fee for a support animal.
- Failing to make reasonable accommodations.
- Denying certain financial services.
Victims of housing discrimination can file a complaint on the Commission’s website. However, there are no specific details about the discrimination investigation process or applicable penalties. In general, landlord retaliation isn’t illegal in Pennsylvania outside of the specific regulations relating to housing discrimination.
Additional Landlord Tenant Regulations in Pennsylvania
In addition to having laws that address general issues like repairs and security deposits, most states, including Pennsylvania, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Pennsylvania
Pennsylvania does not have any laws regarding a landlord’s right to entry. As such, landlords are legally allowed to enter units at will for reasonable purposes, although most landlords and tenants have some kind of entry notification policy in the lease agreement. Notice usually isn’t required in an emergency situation.
Rent Collection & Related Fees in Pennsylvania
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, except it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
- Bounced Check Fees: $50 maximum, unless the actual cost is higher.
Small Claims Court in Pennsylvania
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $12,000. The process takes approximately one to two months.
Pennsylvania Small Claims Court (outside of Philadelphia) is a division of Magisterial District Court. Small Claims Court in Philadelphia is a division of Municipal Court.
Mandatory Disclosures in Pennsylvania
Pennsylvania landlords who own units built before 1978 must provide info about concentrations of lead-based paint.
Changing the Locks in Pennsylvania
Pennsylvania law is not specific about tenants changing locks. Tenants are therefore allowed to change the locks, as long as this doesn’t prevent a landlord’s right to access the property for reasonable purposes (which means it’s usually reasonable for tenants to provide copies of keys, if they change a lock). Landlords are forbidden from unilaterally changing locks as a form of “self help” eviction.
Local Laws in Pennsylvania
Most landlord-tenant rights in Pennsylvania are not determined by statewide laws. Cities and counties have locally applicable codes which regulate landlord-tenant issues.
Philadelphia Landlord Tenant Rights
Philadelphia law includes some requirements for landlords and tenants that exceed state law such as a smoking policy disclosure requirement for multi-family housing, a notice period for rent increases, and tenant screening practices.
Pittsburgh Landlord Tenant Rights
Pittsburgh and surrounding Allegheny County have ordinances that protect tenants from discrimination based on sexual orientation or gender identity/expression.
Check your local county and municipality for additional landlord-tenant regulations.
