In Pennsylvania, a landlord’s obligation for providing a habitable living space is primarily governed by case law, Pugh v. Holmes. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Not Specifically Addressed |
| Time Limit for Repairs | Within a “Reasonable” Time |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Pennsylvania
The implied warranty of habitability in Pennsylvania does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not specifically addressed |
| RV parks | Not specifically addressed |
| Mobile home parks | Yes |
| Condos | Not specifically addressed |
| Hotels/Motels | Not specifically addressed |
Landlord Responsibilities in Pennsylvania
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Pennsylvania, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Not addressed |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Not addressed |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Yes |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Not addressed |
| Provide working gas lines if used for utilities/cooking | Not addressed |
| Provide working sanitation facilities (bathtub/shower, toilet). | Not addressed |
| Provide a trash can (for trash pickup services). | Not addressed |
| Ensure that any stairs and railings are safe. | Not addressed |
| Ensure that all floors are in good condition and safe. | Not addressed |
| Provide fire exits that are usable, safe, and clean. | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | Not addressed |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | Not addressed |
| Provide working carbon monoxide detector. | Yes |
| Provide a working washer/dryer. | Not addressed |
Although there is no specific state statute on the implied warranty of habitability, landlords should make sure that the rental property is habitable, safe and sanitary.
Each municipality may have their own rules, for instance, in the city of Harrisburg, the minimum housing codes address water, heat, waste disposal, bath and kitchen facilities, keeping the roof, ceiling, walls, and floors in good condition, etc.
Check with your local government for any additional responsibilities landlords and tenants may have.
Repairs, Recourse & Retaliation in Pennsylvania
If a rental property is in violation of the implied warranty of habitability in Pennsylvania, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Pennsylvania
There aren’t specific rules for how tenants request repairs in Pennsylvania. The general rule is to give the landlord “reasonable” notice of an issue that needs fixing. Written notice makes it easy to prove details of the request if the landlord doesn’t act within a reasonable time.
Renter’s Rights if Repairs Aren’t Made in Pennsylvania
Pennsylvania renters have the right to repairs for issues they didn’t cause which affect health and safety or otherwise prevent the expected use of the property. The landlord must fix issues within a reasonable time after getting notice about the problem from the renter.
If the landlord fails to repair in a timely manner, the renter could move out and cancel the rental agreement, repair and deduct the cost from rent, withhold rent (usually into an approved escrow account), seek a fine or injunction in court, or use failure to repair as a defense in eviction or payment actions. Read More
Landlord Retaliation in Pennsylvania
Pennsylvania landlords can’t retaliate with raised rent, reduced services, or threatened eviction against tenants who recently paid to restore or maintain utilities. Some cities (like Philadelphia) also prohibit retaliation after:
- Citations for, or complaints about, code violations.
- Participation in tenant organizations, or exercise of rights.
- Sexual or domestic assault victimizations.
Non-retaliatory, good-faith motivations fall under an exception. For example, proportionately increasing rent after an increase in property tax isn’t retaliatory.
Tenants can respond to utility services retaliation by suing for monetary damages, plus court costs and attorney fees. Other, locally banned retaliation (like Philadelphia) usually means fines for the landlord.
