A Pennsylvania month-to-month lease agreement renews every month until either the landlord or their tenant ends it. This rental contract creates a tenancy at will, meaning the lease continues without a fixed end date. Many Pennsylvania landlords prefer this setup because it offers flexibility and makes it easy to adjust to changing needs.
Even with the added flexibility, however, landlords must still follow state rules on disclosures, notice periods, security deposits, and eviction procedures. The guide below highlights the key laws and considerations for Pennsylvania landlords using a month-to-month agreement.
Disclosures (2)
When creating a Pennsylvania month-to-month lease agreement template, landlords must provide certain disclosures to keep their tenants informed and reduce liability. Pennsylvania has fewer statewide requirements than many other states, but landlords must still comply with federal and state regulations.
- Lead-based paint: Federal law requires landlords to disclose any known lead-based paint hazards for rentals built before 1978 and provide the EPA-approved pamphlet.
- Megan’s Law: The Pennsylvania General Assembly passed legislation, known as “Megan’s Law,” that informs members of the community about the presence of sex offenders.
Optional Disclosures and Addenda
Although Pennsylvania requires only limited disclosures, landlords often include additional information to minimize disputes.
Asbestos: Provides information about known asbestos hazards and ways to avoid or limit exposure.
Bed bugs: Informs tenants of any bed bug infestations in the unit or in adjacent units.
Late/returned check fee: Discloses the fees associated with late rent or returned checks. In Pennsylvania, state law does not limit late fees, but you should outline the fee clearly in the lease. In Pennsylvania, late fees are capped at $50 unless the bank’s actual fees exceed that amount.
Medical marijuana use: Details the rules surrounding the use of medical marijuana on the property, as some states allow landlords to limit or restrict its use.
Mold: Discloses any known or suspected mold issues in the unit, along with guidelines for prevention.
Move-in checklist: Documents the condition of the unit at the tenant’s move-in for accurate security deposit deductions.
Non-refundable fees: Outlines any fees that you will not refund or return at move-out.
Shared utilities arrangement: Explains how you will split utility costs if any of your tenants share a utility meter.
Smoking: Details the smoking policy for the rental, including any designated smoking areas located on the property.
Additional Pennsylvania Month-to-Month Lease Laws
Pennsylvania month-to-month lease agreements must follow state laws regarding notice timelines, rent increases, lease violations, evictions, security deposits, and property access.
Notice to Terminate a Month-to-Month Agreement
Ending a Pennsylvania month-to-month lease agreement requires written notice. Pennsylvania uses a tiered notice system based on the length of time the tenant has lived in the unit.
Required notice for tenant: Tenants who have lived in the rental for less than one year must give 15 days’ written notice to terminate the lease. If they have lived in the unit for one year or more, they must provide 30 days’ notice (68 Pa. Stat. § 250.501(b)).
Required notice for the landlord: Landlords must give 15 days’ notice to tenants who have rented for less than one year and 30 days’ notice to tenants who have occupied the unit for one year or longer (68 Pa. Stat. § 250.501(b)).
If a lease agreement contains a Waiver of Notice to Quit, no notice period is required, and the landlord can ask tenants to leave the property without notice under Pennsylvania law (Landlord Tenant Act of 1951).
Laws Governing Rent Increases
Landlords follow the same timelines when ending a Pennsylvania month-to-month lease agreement. They must give 15 days’ notice to tenants who have rented for less than one year and 30 days’ notice to tenants who have occupied the unit for one year or longer (68 Pa. Stat. § 250.501(b)).
Lease Violations and Eviction
Violations can occur even with strong tenant screening. Pennsylvania law outlines the proper steps landlords must take when responding to unpaid rent or other lease violations.
Missed rent payment: If a tenant fails to pay rent, the landlord must issue a 10-day Notice to Quit before filing for eviction unless the lease specifies otherwise (68 Pa. Stat. § 250.501(b)).
Lease violation: For violations unrelated to rent, landlords must provide 15 days’ notice to tenants renting for less than one year and 30 days to tenants renting for one year or more before initiating eviction proceedings (68 Pa. Stat. § 250.501(b)).
Lease abandonment: If a tenant leaves the unit early, they may still owe rent or damages. Pennsylvania requires landlords to make reasonable efforts to re-rent the property to reduce the tenant’s financial responsibility.
Self-help evictions: Landlords may not lock out tenants, remove belongings, or shut off utilities. Pennsylvania requires landlords to use the legal eviction process, and self-help evictions are illegal.
Rent Payment Laws
Pennsylvania’s rent payment laws are simple and straightforward. While state law does not regulate much about how you collect rent, you must include all rent-related terms in the lease agreement to make sure everyone is on the same page.
Rent control/stabilization: There are no rent control or rent stabilization laws in Pennsylvania, meaning landlords can raise rents as they deem necessary at the end of the lease term.
Late rent fees: There is no limit to what landlords can charge as a late fee in Pennsylvania; however, the lease agreement must clearly outline the fee.
Grace period: There is no mandatory grace period for late rent in Pennsylvania.
Tenant’s right to withhold rent: If a landlord fails to make necessary repairs or provide essential services to the unit, the tenant may withhold rent and deposit the funds in an escrow account until the repairs have been made (68 Pa. Stat. § 250.206).
Pet rent laws: Pennsylvania landlords may charge pet rent with no limit as long as you spell out the terms in the agreement.
Security Deposits
Security deposit rules are clearly defined under Pennsylvania law and depend on how long the tenant has lived in the rental.
Maximum amount: State law caps the maximum security deposit to 2 months’ rent for all new leases. For renewals, you may only charge 1 month’s rent, and you cannot collect security deposits for leases renewed for more than 5 years (68 Pa. Stat. § 250.511(a)).
Deposit receipt: You are not required to provide your tenants a receipt for their security deposit; however, it is best practice to do so.
Interest payments: Pennsylvania landlords must pay interest on security deposits to the tenant after the second year of holding the funds (68 Pa. Stat. § 250.511(b)).
Security deposit return: Landlords must return security deposits within 30 days of lease termination or upon surrender of the property, whichever comes first (68 Pa. Stat. § 250.512(a)).
Deductions: Landlords may withhold funds from the security deposit to repair tenant-caused damages. (Normal wear and tear is not a reason to withhold funds.) The landlord must provide an itemized list of deductions within 30 days (68 Pa. Stat. § 250.512(a)).
Property Access Laws
As a landlord, you usually have to enter the property at some point or another during the tenancy. These guidelines help ensure you comply with the law and respect your tenant’s privacy.
Advance notice: Pennsylvania law does not specify advance notice requirements, so landlords may enter the property for any reason that doesn’t harass the tenant or prohibit use.
Immediate access: During emergencies, landlords have immediate access to the property.
Harassment: While there are no specific laws regarding landlord harassment from entering a rental property, excessive entry or disturbing your tenant’s quiet enjoyment of the property could open you up to legal trouble or lease termination.
