A Pennsylvania residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
Pennsylvania Lease Agreement Disclosures
The below disclosure is required for all residential lease agreements in Pennsylvania.
| Disclosure | Applicable To |
|---|---|
| Lead Paint | All Units Built Before 1978 |
Lead-Based Paint Disclosure
Applicable to all Pennsylvania rentals built before 1978.
Lead-Based Paint
For any property built before 1978, federal law requires that a Pennsylvania residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)
Download: Pennsylvania Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by Pennsylvania law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | How the Disclosure is Helpful |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Landlord’s Name and Address | Specifies the name and address of the landlord or authorized agent, to enable smooth communication of any important legal notice. |
| Late/Returned Check Fee | Specifies late fees or returned check fees related to the lease. In Pennsylvania, there are no restrictions on late fees. A landlord may recover up to a $50 service charge for a returned check, unless actual bank charges exceed this amount. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
| Move-in Checklist | Provides an inventory of existing property damage when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Pennsylvania landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Discloses how utilities are billed, when multiple rental units share a utility meter for the whole building or property. A landlord may charge separately for utilities through the installation of a submetering system or ratio billing system. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 18 Pa. Stat. § 4105(e)
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Upon conviction under this section the sentence shall include an order for the issuer or passer to reimburse the payee or such other party as the circumstances may indicate for:
(1) The face amount of the check.
(2) Interest at the legal rate on the face amount of the check from the date of dishonor by the drawee.
(3) A service charge if written notice of the service charge was conspicuously displayed on the payee’s premises when the check was issued. The service charge shall not exceed $50 unless the payee is charged fees in excess of $50 by financial institutions as a result of such bad check or similar sight order for the payment of money. If the payee is charged fees in excess of $50, then the service charge shall not exceed the actual amount of the fees.
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