Pennsylvania Residential Lease Agreement

Important Information for Pennsylvania Landlords

Pennsylvania Rental Law Highlights

Security Deposits (68 P.S. § 250.511a-250.512)

• Maximum Amount – First Year: Cannot exceed 2 months rent for first year of tenancy
• Maximum Amount – After First Year: Cannot exceed 1 month rent after first year
• Return Timeline: 30 days after termination to return deposit or provide itemized list
• Escrow Account: Must be held in escrow in federally or state-regulated institution
• Interest Required: Must pay interest on deposits held for 2+ years (tenant receives at end of third year and annually after)
• Itemization Required: Must provide list of damages with actual or estimated cost of repairs
• Penalties: Failure to return or provide list results in forfeiture of right to withhold any amount
• Normal Wear and Tear: Cannot deduct for ordinary wear and tear

Rent and Rent Increases

• No Rent Control: Pennsylvania does not have rent control
• No Notice Required: For fixed-term lease expiration, no notice required
• Month-to-Month: 30 days notice required for rent increase or termination
• Late Fees: Must be reasonable and specified in lease
• Grace Period: Not required by state law

Required Disclosures

• Lead-based paint disclosure (pre-1978 properties) – Federal requirement
• Security deposit bank information (name and address of institution)
• Landlord or authorized agent name and address
• Smoke detector information
• Carbon monoxide detector information
• Radon testing information (recommended)
• Mold disclosure (if known)
• Bedbug disclosure (if known)

Eviction and Termination (68 P.S. § 250.501-250.505-A)

• 10-Day Notice: For nonpayment of rent
• 30-Day Notice: For lease violations
• 15-Day Notice: To terminate month-to-month tenancy
• Landlord-Tenant Act: Specific procedures must be followed
• Court Process: Must file complaint and obtain judgment
• No Self-Help: Lockouts and utility shutoffs are illegal

Landlord Obligations (68 P.S. § 250.202-250.206)

• Habitability: Must maintain premises in habitable condition
• Essential Services: Running water, hot water, heating, electricity
• Structural Soundness: Roof, walls, floors, stairs in good repair
• Smoke Detectors: Must provide and maintain working smoke detectors
• Carbon Monoxide Detectors: Required in certain circumstances
• Common Areas: Must keep safe and clean
• Building Codes: Must comply with applicable codes

Entry Requirements

• Reasonable Notice: Must give reasonable notice (typically 24 hours)
• No Specific Statute: Pennsylvania law does not specify exact notice time
• Reasonable Hours: Entry should be during reasonable hours
• Emergency Exception: Can enter without notice in emergency
• Tenant Consent: Can enter with tenant’s consent

Tenant Rights and Protections

• Implied Warranty of Habitability: Landlord must maintain livable conditions
• Repair and Deduct: After proper notice, tenant may repair and deduct
• Rent Withholding: Can withhold rent for serious habitability issues
• Retaliation Protection: Limited protections against retaliation
• Privacy Rights: Reasonable notice required for entry

Pet Policies

• Pet Deposits: Subject to general security deposit limits
• Pet Rent: Allowed by Pennsylvania law
• Non-Refundable Fees: Can charge non-refundable pet fees
• Service Animals: Must allow under Fair Housing Act; no fees permitted
• Assistance Animals: Must accommodate with proper documentation
• Breed Restrictions: Generally allowed but check local ordinances

Pennsylvania-Specific Considerations

Security Deposit Interest (68 P.S. § 250.511b)

• Required for deposits held 2+ years
• Tenant receives interest at end of third year
• Interest paid annually after third year
• Must pay lesser of actual interest earned or current rate on savings deposits
• First year’s interest retained by landlord for administrative costs

Winter Weather Considerations

• Address heating requirements in lease
• Specify frozen pipe prevention responsibilities
• Landlord must maintain adequate heat
• Include snow removal responsibilities (sidewalks, driveways)
• Address ice removal from walkways

Smoke and Carbon Monoxide Detectors (35 P.S. § 1222.311)

• Must provide working smoke detectors
• Required on every floor and near bedrooms
• Carbon monoxide detectors required if fuel-burning appliances or attached garage
• Landlord responsible for installation and initial batteries
• Tenant responsible for maintaining/replacing batteries

Philadelphia-Specific Requirements

Key Philadelphia Provisions

• Rental License: Required for all rental properties
• Fair Practices: Additional protected classes beyond state law
• Source of Income: Cannot discriminate based on source of income
• Criminal History: Restrictions on criminal background screening
• Property Inspections: Regular inspections required
• Certificates of Occupancy: Required for rental properties

Fair Housing Requirements

Best Practices for Pennsylvania Landlords

• Use written leases for all tenancies
• Conduct thorough move-in/move-out inspections with photos
• Provide all required disclosures before tenant signs
• Hold security deposits in escrow account
• Comply with 30-day security deposit return timeline
• Provide itemized list of damages with actual costs
• Pay interest on deposits held 2+ years
• Give reasonable notice before entry (24 hours recommended)
• Respond promptly to repair requests
• Keep detailed records of all transactions
• Never use self-help eviction methods
• Follow proper eviction procedures
• Maintain property to code standards
• Address winter weather responsibilities clearly
• Consider landlord insurance

Bedbug Issues

• Pennsylvania law addresses bedbug treatment
• Landlord responsible for inspection and treatment
• Tenant must cooperate with treatment
• Must disclose known bedbug history
• Cannot evict tenant solely for bedbugs

Landlord’s Lien

• Pennsylvania allows landlord’s lien on tenant’s property
• Can apply to unpaid rent
• Must follow legal procedures
• Exempt property includes clothing, tools of trade, etc.
• Rarely used due to complexity

Abandoned Property

• Must store abandoned personal property
• Must notify tenant at last known address
• Can dispose of property after reasonable period
• Proceeds apply toward unpaid rent/damages

Resources

• Pennsylvania Consolidated Statutes Title 68 – Landlord-Tenant Act
• Pennsylvania Department of Community and Economic Development
• Pennsylvania Apartment Association
• Pennsylvania Bar Association – Real Property Section
• Philadelphia Department of Licenses and Inspections
• Pennsylvania Legal Aid Network
• Local apartment associations and landlord groups