A Pennsylvania lease agreement can help set the stage for a smooth landlord-tenant relationship. From a rowhouse in Philadelphia to a cabin in the Poconos, a good lease agreement keeps you compliant, protects your property, and helps avoid disputes.
Disclosures (2)
Pennsylvania requires landlords to disclose specific information to tenants before they move in. These disclosures provide tenants with information they need and help keep your lease enforceable.
- Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint in the unit, as well as its hazards, for most houses built before 1978.
- Megan’s Law: The Pennsylvania General Assembly passed a law that requires landlords to notify tenants of the presence of nearby sex offenders (Megan’s Law).
Optional Disclosures and Addenda
These optional disclosures aren’t required, but they’re still smart to include. Adding rules about these things now can save you headaches down the road.
Asbestos: Informs tenants of any asbestos on the property, as well as suggestions to minimize exposure and risk.
Bed bugs: Informs tenants if there is a history of bed bug infestation in the unit or adjacent units.
Landlord’s name and address: Shares the landlord’s contact information with the tenant, for ease of communication.
Late/returned check fee: Outlines late fees or returned check fees for rent payments. In Pennsylvania, landlords are not limited on what they can charge for late fees. Returned check fees are capped at $50 per check (or more, if the actual bank charges exceed this amount).
Medical marijuana use: Details the rental’s policy about the use of medical marijuana on the property.
Mold disclosure: Informs tenants of any mold issues in the unit, as well as remediation options.
Move-in checklist: Details the condition of the unit at move-in, including any existing damages or issues. Landlords use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: If landlords charge any non-refundable fees, they must clearly outline them in the Pennsylvania lease agreement.
Shared utilities: Landlords must disclose how they will divide utility charges if any units share a meter.
Smoking: Outlines the smoking policy for the rental, including any designated smoking areas on the property.
Consequences of Not Including Mandatory Disclosures
If a landlord fails to include the mandatory disclosures in their Pennsylvania lease agreement, they can face various penalties. These penalties can include tenant disputes, financial penalties, and even legal consequences.
Security Deposit Regulations in Pennsylvania
Landlords are allowed to collect a security deposit with their Pennsylvania lease agreement, but it comes with rules. From how much you can charge to when you have to return the funds, Pennsylvania spells out how landlords must handle security deposits in the Keystone State.
Maximum amount: Pennsylvania limits the amount landlords can charge for a security deposit to 2 months’ rent for new leases. For lease renewals, this limit is 1 month’s rent. For leases that have renewed longer than 5 years, landlords cannot collect a deposit (68 PS § 250.511a).
Deposit receipt: Pennsylvania landlords are not required to provide tenants with a receipt for their security deposit.
Interest payments: After the second year holding the funds, landlords are required to pay interest to tenants on their security deposit (68 PS § 250.511b).
Security deposit return: Landlords must return a tenant’s security deposit within 30 days of lease termination or upon surrender of the unit, whichever comes first (68 PS § 250.512(a)).
Deductions: Landlords are allowed to withhold funds from the security deposit to pay for excessive damages caused by the tenant or unpaid rent. These deductions must be itemized and given to the tenant with the balance of their deposit within 30 days of lease termination (68 PS § 250.512a).
Rent Payment Regulations
Collecting rent payments is one of the most critical aspects of your rental business, but that doesn’t mean there aren’t rules that landlords must follow. Pennsylvania laws dictate how a landlord may collect rent, from late fees to grace periods.
Rent control/stabilization: Rent control and rent stabilization do not exist in Pennsylvania, meaning landlords are allowed to raise the rent as they deem necessary at the end of the lease term.
Late rent fees: State law does not limit the amount the landlords can charge as a late fee, but the fee must be clearly outlined and agreed to in the Pennsylvania lease agreement.
Grace period: Landlords are not required to extend a grace period to their tenants for late rent payments.
Tenant’s right to withhold rent: If a landlord fails to supply an essential service in the rental, the tenant may withhold rent and place the funds in an escrow account (68 PS § 250.206).
Violations
Lease violations can occur at any time, ranging from missed rent payments to broken rules. Pennsylvania law outlines how landlords can respond to help you stay compliant and protect your property.
Lease violation: For tenancies under 1 year, landlords may issue a 15-day Notice to Cure or Quit for lease violations. For tenancies longer than 1 year, they may give a 30-day notice.
Missed rent payment: If a tenant misses a rent payment, the landlord may issue a 10-day Notice to Pay or Quit (68 PS § 250.501b).
Lease abandonment: Tenants who abandon a lease before the end of its term can be financially responsible for the remainder of the lease. Landlords are not obligated to attempt to re-rent the unit.
Self-help evictions: In Pennsylvania, self-help evictions are illegal. Landlords should never attempt to remove tenants on their own.
Terminating a Lease
Ending a Pennsylvania lease agreement requires proper notice and following state-mandated timelines. Handle it correctly to avoid disputes and delays.
Standard lease: Tenants with a standard Pennsylvania lease agreement can terminate their lease early if they meet certain conditions, such as active duty military service, domestic violence, or landlord harassment.
Month-to-month: Either a landlord or a tenant may terminate a month-to-month Pennsylvania lease agreement with 30 days’ written notice for tenancies lasting longer than 1 year. For tenancies of less than 1 year, only 15 days’ notice is required (68 PS § 250.501b).
Property abandonment: Landlords must notify tenants of any property they left behind, and tenants have 10 days to respond to this notice. If the tenant informs the landlord of their intention to claim the property, they have 30 days to do so. If they don’t collect their items within this time, the landlord may dispose of the property as they see fit.
Renewing a Lease
If things are going well, renewing a Pennsylvania lease agreement is a good way to hold on to quality tenants and update your terms. Landlords always benefit from clear communication and confirmation.
Notice requirements: For month-to-month tenancies of less than 1 year, landlords must give 15 days’ notice that they are not renewing the Pennsylvania lease agreement. For tenancies over 1 year, 30 days’ notice is required. Landlords must also give 30 days’ notice for fixed-term leases if they do not plan to renew the lease (68 PS § 250.501).
Required renewals: Landlords are not required to renew a Pennsylvania lease agreement at the end of its term.
Landlord’s Access to Property
From time to time, landlords must enter the property, whether for routine maintenance or an actual emergency. However, it is also essential to respect your tenant’s right to privacy. Finding the right balance is key to helping you stay compliant and build trust.
Immediate access: In the event of an emergency, landlords have immediate access to a property, and no notice is required.
Notice requirements: Pennsylvania does not have set laws regarding landlord entry, and landlords are permitted to enter the unit at any time that doesn’t harass the tenant or prevent use of the property.
Harassment: Although there are no specific state laws regarding landlord harassment, repeated entry or entry without just cause could be considered detrimental to the tenant’s right to quiet enjoyment of their home. In these cases, landlords could face legal injunctions or even early lease termination.
