A Pennsylvania month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a Pennsylvania Month-to-Month Rental Agreement
In Pennsylvania, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Pennsylvania landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Pennsylvania
Pennsylvania landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Pennsylvania
Pennsylvania requires at least 30 days of advance notice before terminating a month-to-month lease. This requirement lowers to 15 days when the tenant has resided on the property for under a year. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Pennsylvania requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a Pennsylvania Month-to-Month Lease
Pennsylvania laws requires that notice for a rental increase be delivered in writing, but doesn’t specify a particular timeframe for advance notice. This means in most cases it’s reasonable for a landlord to follow the same standard required for advance notice on lease termination: 30 days, or 15 days where the tenant has resided on the property for less than one year.
Some local areas enforce stricter standards than may apply statewide. For example, Philadelphia specifically requires at least 30 days of advance notice before any rent increase on a month-to-month rental.
Eviction in Pennsylvania Month-to-Month Rentals
Pennsylvania tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Pennsylvania typically take one to two months.
For more information on the eviction process in Pennsylvania, click here.
Sources
- 1 68 Pa. Stat. § 250.501(b)
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Except as provided for in subsection (c) [covering rights of certain mobile home tenants], in case of the expiration of a term or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one year or less or for an indeterminate time, the notice shall specify that the tenant shall remove within fifteen days from the date of service thereof, and when the lease is for more than one year, then within thirty days from the date of service thereof. In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall remove within ten days from the date of the service thereof.
Source Link - 2 Philad. Code § 9-804(11)(a)
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Unless the lease provides a longer period of time for the landlord to notify the tenant that the tenant’s rent will be increased at the end of a residential tenancy, the following notice requirements shall apply: At least 60 days prior to the effective date of a rent increase where a residential tenancy is one year or more, and at least 30 days prior to the effective date of a rent increase where a residential tenancy is less than one year, the landlord shall notify the tenant of the following: (i) the amount of the rent increase; (ii) the effective date of the rent increase; and (iii) the new payment amount. The landlord shall provide such notice, in writing, by hand delivery or by first class United States mail with proof of mailing.
