Free Pennsylvania Residential Lease Agreement
A configurable Pennsylvania residential lease agreement that generates a signable multi-page PDF. Built to The Landlord and Tenant Act of 1951, 68 P.S. 250.101 et seq. — the deposit limit that drops from two months to one after the first year, the 30-day written list backed by double damages, and the notice to quit a Pennsylvania lease may lawfully shorten or waive.
A Pennsylvania residential lease agreement is the written contract governed by The Landlord and Tenant Act of 1951, the Act of April 6, 1951, P.L. 69, No. 20, classified to 68 P.S. 250.101 et seq. Pennsylvania never adopted the uniform residential landlord and tenant act, and it never consolidated this one either, so the statute is old, scattered and numbered two different ways at once. Three things follow, and no page currently ranking for this query states all three correctly. First, the security deposit limit is two months’ rent during the first year and one month’s rent after that — 68 P.S. 250.511a(a) and (b) — and the drop is where most Pennsylvania landlords go wrong. Second, the thirty-day written list, the forfeiture rule and the double damages all live in 68 P.S. 250.512, and 250.512(e) hands the entire remedy back to the landlord if the tenant fails to leave a new address in writing. Third, and most important for anyone drafting rather than reading, 68 P.S. 250.501(e) allows a Pennsylvania lease to shorten or waive the notice to quit entirely. Pennsylvania’s notice periods are defaults, not floors — the opposite of nearly every other state in this series.
Pennsylvania Lease Rules at a Glance
Deposit — Year One
2 Months
Deposit — After Year One
1 Month
Deposit Return
30 Days
Entry Notice
No Statute
Four Pennsylvania Rules That Catch Landlords and Tenants Out
First, the deposit limit falls after year one. 68 P.S. 250.511a(a) allows two months’ rent during the first year of any lease; 250.511a(b) allows only one month’s rent during the second and subsequent years and during any renewal. Holding two months into year two is a breach, and 250.511a(f) makes any attempted waiver void and unenforceable. Second, the tenant must leave a written forwarding address. 68 P.S. 250.512(e) says that failure to give the landlord a new address in writing on termination or on surrender and acceptance relieves the landlord from any liability under the section — the thirty-day list, the forfeiture rule and the double damages all disappear together. Third, the escrow rules have their own limiter. 68 P.S. 250.511b requires the regulated escrow account, the written bank notice and the interest split, but 250.511b(c) applies the whole section only after the second anniversary of the deposit. Fourth, Pennsylvania has no entry statute. The twenty-four-hour figure repeated across the internet is not Pennsylvania law; if the lease does not create a notice period, none exists.
How to Fill Out This Pennsylvania Lease Agreement
1. Name the parties and the person who manages the premises
Pennsylvania, unusually, has no statute requiring a landlord to identify the owner or the manager in the lease. That makes it a contract term, and it is worth getting right: the address you give is where the tenant must send the written new address that 68 P.S. 250.512(e) makes decisive at the end of the tenancy.
2. Say how many households the building holds
Article V-A of The Landlord and Tenant Act of 1951 and the Carbon Monoxide Alarm Standards Act both switch on at three or more households. Below that threshold the non-waivable visitor rights in section 504-A and the alarm duties in the 2013 act do not apply, and a lease that claims otherwise is inventing law.
3. Set the term, and remember the three-year threshold
Under 68 P.S. 250.201 a lease of not more than three years may be oral. Under 68 P.S. 250.202 a longer lease must be written and signed or it takes effect as a lease at will only. The term also picks the notice to quit: fifteen days for a term of one year or less or an indeterminate time, thirty days for more than one year.
4. Set rent, the due day and any late fee
Pennsylvania caps no late fee and requires no grace period, so both are pure contract. The Plain Language Consumer Contract Act of 1993 does apply to the clause that states them, and it requires the lease to be written, organized and designed so that it is easy to read and understand.
5. Choose the deposit limit for the year you are actually in
The form asks which year of the tenancy the deposit covers, because 68 P.S. 250.511a states a different limit for the first year and for every year after it. The generated lease then prints the correct limit instead of quoting the two-month figure at a tenant who is entitled to the one-month one.
6. Decide, deliberately, what to do with the notice to quit
68 P.S. 250.501(e) lets a Pennsylvania lease shorten the notice to quit or remove it altogether, and 68 P.S. 250.505a(g) lets a lease override the abandoned-property procedure. The form makes both choices explicit and writes the consequence into the lease in plain terms, because the Plain Language Consumer Contract Act requires a consumer contract to state waivers of the consumer’s rights in residential leases.
7. Create the entry term, because Pennsylvania has none
Set the notice period in hours. There is no access or entry provision anywhere in The Landlord and Tenant Act of 1951, so this clause is doing real work rather than restating a statute.
Build Your Pennsylvania Residential Lease Agreement
Complete the fields below to generate a Pennsylvania residential lease agreement as a signable multi-page PDF. Every field you fill is written into the document, including the utility allocations, the deposit-holding method, the choice you make about the notice to quit, and each disclosure you check — and the generated lease cites the controlling Pennsylvania section at each point. Before handing over keys, run proper tenant screening; the lease governs the relationship, screening decides whether you want it. Pair the signed lease with a Pennsylvania move-in / move-out checklist, because 68 P.S. 250.512(c) puts the burden of proving actual damages on the landlord and a dated condition record is how that burden is met.
Pennsylvania Residential Lease Agreement Builder
1. Parties
2. Premises
Article V-A of the Landlord and Tenant Act of 1951 and the Carbon Monoxide Alarm Standards Act both switch on at three or more households in the building. Answer the next question accurately — it changes what the generated lease may and may not say.
3. Term
Pennsylvania’s writing threshold is three years, not one: 68 P.S. 250.201 allows an oral lease up to three years, and 68 P.S. 250.202 makes a longer unwritten lease a lease at will only. The term you choose also decides the notice to quit — fifteen days for one year or less, thirty days for more than one year.
4. Rent
Pennsylvania caps no late fee and requires no grace period. Both are contract terms — and the Plain Language Consumer Contract Act requires the term stating them to be written so it is easy to read and understand.
5. Security Deposit — the cap drops after the first year
68 P.S. 250.511a(a) allows up to two months’ rent during the first year of any lease. 68 P.S. 250.511a(b) cuts that to one month’s rent during the second and subsequent years and during any renewal. Any attempted waiver is void under 250.511a(f). Choose the lease year honestly — the generated lease states a different cap for each.
6. Utilities & Services
If the landlord is the utility ratepayer for a building the landlord does not solely occupy, the Utility Service Tenants Rights Act of 1978 applies — tenants may pay the landlord’s bill to keep service and deduct it from rent, and a reprisal within six months is presumed.
7. Terms Pennsylvania Leaves to the Lease
Two Pennsylvania rules make this the most consequential section on the form. There is no landlord-entry statute at all, so the notice period below is the only one that will exist. And 68 P.S. 250.501(e) says the notice to quit “may be for a lesser time or may be waived by the tenant if the lease so provides” — Pennsylvania’s notice periods are defaults, not floors.
8. Pennsylvania Disclosures
Pennsylvania mandates no hazard disclosures in a residential lease. What it does require is the written bank notice for a deposit held past its second anniversary, and a lease written in plain language that states any waiver of the tenant’s rights. Lead paint is federal.
9. Other Provisions
Pennsylvania has no prohibited-provisions statute and no attorney-fee rule either way, so a fee clause is pure contract. This form generates only the reciprocal prevailing-party version.
Why Do Pennsylvania Lease Citations Never Match?
Because 68 P.S. is unconsolidated, and the same words carry two different section numbers. The Landlord and Tenant Act of 1951 was never brought into the Pennsylvania Consolidated Statutes. The General Assembly publishes it under the act’s own numbering — Section 501, Section 505.1, Section 511.1, Section 511.2, Section 511.3, Section 512 — while courts, practitioners and every template site cite the unofficial Purdon’s classification: 68 P.S. 250.501, 250.505a, 250.511a, 250.511b, 250.511c and 250.512. The mapping is one to one and the text is identical. Only the label differs.
Two consequences matter if you are checking anything yourself. Searching the legislature’s own PDF of the act for 250.511a returns nothing at all, because that string does not appear in the act — which is how a careful reader can wrongly conclude a real section is invented. And the reverse trap is live on this very search result page: two of the deepest ranking template sites cite 68 P.S. 250.512a for the itemised list of damages and 68 P.S. 250.501b for the notice to quit. Neither section exists. The act runs 511.3, then 512, then 513; and 501, then 502. What those pages are reaching for is 250.512(a) and 250.501(b) — subsections, not sections. This page cites the Purdon’s numbers because they are what readers search for, and names the act’s own section beside them so you can find the text at the source.
What Types of Pennsylvania Lease Agreement Are There?
Pennsylvania recognises the usual range. A fixed-term lease runs for a stated period and expires on its own terms. A month-to-month or open-ended arrangement is what 68 P.S. 250.501(b) calls a lease “for an indeterminate time”, and it takes the same fifteen days’ notice to quit as a term of one year or less. A lease at will arises by operation of 68 P.S. 250.202 where a lease of more than three years was never reduced to writing. There are also room and roommate agreements, subleases — and note that under 68 P.S. 250.105 any person who is a sublessee is subject to the provisions of the lease between the lessor and the lessee, so a sublessee takes the head lease as it stands — and lease-to-own arrangements that add a purchase option.
The writing threshold is the classification detail Pennsylvania gets asked about most, and it is routinely misstated as one year by out-of-state templates. Under 68 P.S. 250.201 real property, including any personal property on it, may be leased for a term of not more than three years by oral or written contract. Under 68 P.S. 250.202 a lease for more than three years must be in writing and signed by the parties making it, otherwise it has the force and effect of a lease at will only — unless the tenancy has continued for more than one year and both landlord and tenant have recognised its rightful existence by claiming and admitting liability for the rent, in which case it becomes a tenancy from year to year. Under 68 P.S. 250.203 an assignment, grant or surrender of a lease of more than three years must equally be in writing.
Two categories fall outside this form. A commercial lease is expressly excluded from 68 P.S. 250.512 by its own subsection (f), and from the Plain Language Consumer Contract Act by section 4(b)(8) of that act. And mobile home park tenancies are carved out of 68 P.S. 250.501(a) and given their own longer notice periods in 250.501(c), because the Mobile Home Park Rights Act of 1976 governs them; this lease is not the right instrument for a mobile home space.
How Much Can a Pennsylvania Landlord Charge for a Security Deposit?
Two months’ rent during the first year, and one month’s rent after that. 68 P.S. 250.511a is section 511.1 of the act, titled “Escrow Funds Limited” and added on 29 December 1972 by P.L. 1698, No. 363. Subsection (a) reads: no landlord may require a sum in excess of two months’ rent to be deposited in escrow for the payment of damages to the leasehold premises and/or default in rent thereof during the first year of any lease. Subsection (b) then reads: during the second and subsequent years of the lease or during any renewal of the original lease, the amount required to be deposited may not exceed one month’s rent.
That drop is the single most frequently omitted rule in Pennsylvania landlord-tenant coverage. Three of the nine pages ranking for this query publish only the two-month figure. One states it as an entitlement to “one month’s security deposit per year” after the first year, which reads as a right to keep collecting and is the opposite of what the statute does — it is a ceiling on the total held, not an annual instalment.
Subsection (c) explains what happens to the difference. If, during the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy, the landlord requires the one month’s rent escrow, then upon termination of the lease, or on surrender and acceptance of the leasehold premises, the escrow funds together with interest shall be returned to the tenant in accordance with sections 511.2 and 512 — that is, 68 P.S. 250.511b and 68 P.S. 250.512.
Subsection (d) adds a rule for long tenancies that only one ranking page carries: whenever a tenant has been in possession of premises for a period of five years or greater, any increase or increases in rent shall not require a concomitant increase in any security deposit. Note precisely what that does and does not say. It does not stop the landlord holding a deposit after five years, and it does not require the deposit to be returned. It stops the landlord making a rent increase conditional on topping up the escrow. The deepest ranking template page states the rule as “for leases that have renewed longer than five years, landlords cannot collect a deposit”, which is not what subsection (d) provides.
Subsection (e) confines the section to residential property, and subsection (f) closes it: any attempted waiver of this section by a tenant by contract or otherwise shall be void and unenforceable. A Pennsylvania lease clause purporting to let the landlord hold more is simply ineffective. More detail in our Pennsylvania security deposit laws guide.
Where Must a Pennsylvania Landlord Keep the Deposit, and Is Interest Owed?
In a regulated escrow account, with written notice of the bank — but only once the money has been held for two years. 68 P.S. 250.511b is section 511.2 of the act, titled “Interest on Escrow Funds Held More Than Two Years”. Subsection (a) requires all funds over one hundred dollars deposited to secure the execution of a rental agreement on residential property, under a lease newly executed or reexecuted after the act’s effective date, to be deposited in an escrow account of an institution regulated by the Federal Reserve Board, the Federal Home Loan Bank Board, the Comptroller of the Currency, or the Pennsylvania Department of Banking.
The same subsection carries Pennsylvania’s only true deposit disclosure. When any funds are deposited in any escrow account, interest-bearing or noninterest-bearing, the lessor shall thereupon notify in writing each tenant making the deposit, giving the name and address of the banking institution in which the deposits are held and the amount of the deposits. One ranking page states that any deposit over one hundred dollars “must be held in an interest-bearing account”; the statute expressly contemplates that the account may be either.
Subsection (b) does the interest arithmetic. Where money is required to be deposited in an interest-bearing escrow savings account in accordance with section 511.1, the lessor is entitled to receive as administrative expenses a sum equivalent to one per cent per annum upon the security money deposited, which shall be in lieu of all other administrative and custodial expenses. The balance of the interest paid is the money of the tenant and is paid to the tenant annually on the anniversary date of the commencement of the lease. That one per cent allowance is almost invisible in published coverage, and so is the phrase that follows it — a landlord who takes the one per cent may not also charge the tenant separate administration or custody fees on the escrow.
Then comes the limiter every ranking page drops. Subsection (c) reads, in full: the provisions of this section shall apply only after the second anniversary of the deposit of escrow funds. The escrow-institution requirement, the written bank notice and the interest split in 68 P.S. 250.511b are duties that attach once the money has been held for two years, not on the day the lease is signed. Stating the bank in the lease from the outset is the sensible practice, and it is what this form does, but a landlord who has held a deposit for eight months has not breached 250.511b by not yet having sent a bank notice.
And there is an alternative no page on this search result mentions at all. 68 P.S. 250.511c, section 511.3 of the act, is titled “Bond in Lieu of Escrowing”. Every landlord subject to the act may, in lieu of depositing escrow funds, guarantee that the escrow funds — less the cost of necessary repairs, and including interest — shall be returned to the tenant upon termination of the lease or on surrender and acceptance of the leasehold premises. The guarantee of repayment must be secured by a good and sufficient guarantee bond issued by a bonding company authorised to do business in Pennsylvania. It is a genuine second route, and the form above offers it.
How Long Does a Pennsylvania Landlord Have to Return the Deposit?
Thirty days, with a written list of damages, and the payment must travel with the list. 68 P.S. 250.512 is section 512 of the act, “Recovery of Improperly Held Escrow Funds”, added on 3 May 1968 by P.L. 107, No. 56 and amended in 1972. Subsection (a) requires every landlord, within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises — whichever first occurs — to provide the tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Delivery of the list must be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest on it, and the actual amount of damages caused by the tenant.
Two qualifications sit in the same subsection and both favour the landlord. The clock starts at termination or surrender and acceptance, whichever comes first, so a tenant who hands back the keys early starts the thirty days early. And nothing in the section precludes the landlord from refusing to return the escrow fund, including unpaid interest, for nonpayment of rent or for the breach of any other condition in the lease. Pennsylvania’s deposit is not confined to physical damage.
Note also what is not in this statute, because several template pages imply otherwise. There is no Pennsylvania move-in inspection requirement, no statutory condition report, no bar on retaining for ordinary wear and tear in the text of the section, and no requirement that the landlord’s list be itemised with a dollar value per line. What the statute demands is a written list, delivered inside thirty days, with the money. A dated move-in and move-out condition record is nonetheless the landlord’s best evidence, because subsection (c) puts the burden of proving actual damages on the landlord. Generate the accounting with our Pennsylvania security deposit itemization form or the matching deposit return letter.
What Happens If a Pennsylvania Landlord Wrongly Keeps a Deposit?
Two distinct consequences, and coverage usually names only the second.
Forfeiture — 68 P.S. 250.512(b). Any landlord who fails to provide a written list within thirty days as required by subsection (a) shall forfeit all rights to withhold any portion of sums held in escrow, including any unpaid interest on them, or to bring suit against the tenant for damages to the leasehold premises. Read the second half of that sentence slowly. A late list does not merely cost the landlord the deposit. It extinguishes the separate cause of action for the damage itself, so a landlord facing four thousand dollars of damage and holding a fifteen-hundred-dollar deposit can lose both by missing a deadline.
Double damages — 68 P.S. 250.512(c). If the landlord fails to pay the tenant the difference between the sum deposited, including any unpaid interest, and the actual damages to the leasehold premises caused by the tenant within thirty days after termination or surrender and acceptance, the landlord shall be liable in assumpsit to double the amount by which the sum deposited exceeds the actual damages, as determined by any court of record or court not of record having jurisdiction in civil actions at law. And the same subsection allocates the proof: the burden of proof of actual damages caused by the tenant to the leasehold premises shall be on the landlord. Note that the doubling runs on the excess, not on the whole deposit.
Then comes the sentence that decides most Pennsylvania deposit disputes, and it appears on no page currently ranking for this query. Subsection (e): failure of the tenant to provide the landlord with his new address in writing upon termination of the lease or upon surrender and acceptance of the leasehold premises shall relieve the landlord from any liability under this section. The thirty-day list in (a), the forfeiture in (b) and the double damages in (c) all fall away together. A Pennsylvania tenant who moves out without leaving a written forwarding address has, without knowing it, given up the entire remedy. Verbal notice, a change-of-address card to the post office and a text message are all outside the words of the statute. Put it in writing, keep a copy, and send it to the address the lease names.
Subsection (d) makes any attempted waiver of section 512 by a tenant, by contract or otherwise, void and unenforceable, and subsection (f) confines the section to residential leaseholds and not to commercial ones.
How Much Notice Must a Pennsylvania Landlord Give to Enter?
None, by statute — which is exactly why the lease has to answer the question. The Landlord and Tenant Act of 1951 contains no landlord access or entry provision. Not in Article I, sections 101 to 105. Not in Article II, 201 to 206. Not in Article III on the recovery of rent, 301 to 313. Not in Article IV on exemptions from distress, 401 to 404. Not in Article V on the recovery of possession, 501 to 514. Not in Article V-A on tenement buildings and multiple dwelling premises, 501-A to 505-A. Not in Article V-B on tenants’ rights to cable television, 501-B to 510-B. Not in Article VI. Pennsylvania simply never legislated the subject.
Three of the nine ranking pages state this correctly. One does not, and the disagreement is instructive: the same publisher whose Pennsylvania lease page says “Pennsylvania does not have set laws regarding landlord entry” also runs a Pennsylvania rental agreement page telling readers a landlord must enter “using reasonable advance notice (customarily at least twenty-four hours)”. The word doing the work there is customarily. Custom is not a notice period a tenant can enforce.
What follows for drafting is that the entry clause in a Pennsylvania lease is doing real work rather than restating a statute. Set the notice period in hours. Say what entry is for — inspection, agreed or necessary repairs, decorations, alterations, improvements, agreed services, and showings to prospective purchasers, mortgagees, tenants, workers or contractors. Carve out emergencies and reasonably believed abandonment. And keep the anti-harassment sentence, because without a statute the covenant of quiet enjoyment and the lease’s own terms are the tenant’s only protection against abusive access. Note too that a Pennsylvania municipality may impose entry rules by ordinance; nothing in the Act preempts one. Our Pennsylvania landlord entry laws guide goes further, and the Pennsylvania notice to enter generates the notice the lease requires.
Is There a Warranty of Habitability in a Pennsylvania Lease?
Yes — and it is judge-made, not statutory. There is no habitability section in The Landlord and Tenant Act of 1951 and no general habitability statute anywhere in Pennsylvania law. Any page that gives you a section number for it is giving you something that does not exist. The warranty comes from Pugh v. Holmes, 486 Pa. 272, 405 A.2d 897 (Pa. 1979), affirming with modifications 253 Pa. Super. 76, 384 A.2d 1234 (1978), in which the Supreme Court of Pennsylvania abolished the doctrine of caveat emptor as applied to residential leases and implied a warranty of habitability into all of them, mutually dependent on the tenant’s obligation to pay rent.
The standard. The warranty is designed to ensure that a landlord provides facilities and services vital to the life, health and safety of the tenant and to the use of the premises for residential purposes, and it applies both at the beginning of the lease and throughout its duration. To constitute a breach, the defect must be of a nature and kind that will prevent the use of the dwelling for its intended purpose of providing premises fit for habitation; at a minimum the premises must be safe and sanitary. There is no obligation to supply a perfect or aesthetically pleasing dwelling. Materiality of the breach is a question of fact to be decided case by case, and the court declined to make proof of housing code violations a requirement — code violations are evidence of materiality, not a precondition of it. In the case itself, ten alleged conditions including a leaking roof, no hot water, leaking toilet and pipes, insect infestation and hazardous floors and steps were held sufficient, if proven, to substantially prevent the use of the premises as a habitable dwelling.
What the tenant must prove. A tenant asserting breach must prove that the tenant gave notice to the landlord of the defect or condition, that the landlord had a reasonable opportunity to make the necessary repairs, and that the landlord failed to do so. That is why the form above asks for a written repair-notice address, and why written notice is not a formality in Pennsylvania but an element of the claim.
The remedies. Where the landlord materially breaches, the tenant may vacate, and surrender of possession terminates the obligation to pay rent under the lease. Where the tenant remains in possession and the landlord sues for possession or unpaid rent, the warranty may be asserted as a defence. The tenant may repair and deduct after notice and a reasonable opportunity, or counterclaim to recover from rents already paid the cost of repairs made. Traditional contract remedies including specific performance are available. On escrow, the court said it was in favour of an escrow procedure but was not inclined to make such procedure mandatory, leaving the decision to the sound discretion of the trial court — so a Pennsylvania tenant withholding rent under this doctrine is not automatically required to escrow, though doing so is prudent.
How the abatement is measured. This is the detail that separates Pennsylvania from most states and it is absent from every ranking page. The Supreme Court held that the percentage reduction in use method is the correct manner of determining the amount by which the obligation to pay rent is abated: the contract rent fixed by the lease is reduced by the percentage which reflects the diminution in the value of the use and enjoyment of the premises. The court expressly rejected the fair rental value method the Superior Court had adopted, reasoning that a fair market for defective premises is questionable given the housing shortage, and that establishing one would require market surveys or expert testimony whose cost would be prohibitive to many tenants.
It cannot be waived. In Fair v. Negley, 257 Pa. Super. 50, 390 A.2d 240 (1978), the Superior Court held that “an attempted waiver of the implied warranty of habitability in residential leases is unconscionable and must be held to be ineffective. Therefore, waiver is not a valid defense to a complaint based upon the warranty.” The clause at issue was an ordinary “as is” term, and the court held it an unconscionable and ineffective waiver. The court’s reasoning is worth knowing because it explains the rule’s reach: were waiver permitted by express provision, “it would be a rare lease in which the waiver would not appear”, and few tenants would be able to find housing on which the warranty had not been waived. One ranking page states that Pennsylvania law requires a landlord to supply “hot water, heating, air conditioning and plumbing”. No Pennsylvania statute or decision requires air conditioning. Our Pennsylvania habitability laws guide covers the doctrine and its later treatment.
Can a Pennsylvania Tenant Withhold Rent for Repairs?
Through two routes, and only one of them is statutory. The statutory route is the City Rent Withholding Act, the Act of January 24, 1966 (1965 P.L. 1534, No. 536), classified to 35 P.S. 1700-1. It is narrower than its reputation. It operates only where the Department of Licenses and Inspections of a city of the first class, the Department of Public Safety of a city of the second, second A or third class, or a city or county Public Health Department, certifies a dwelling as unfit for human habitation. On that certification, notwithstanding any other provision of law or of any agreement, the tenant’s duty to pay and the landlord’s right to collect rent are suspended — without affecting any other term of the relationship — until the dwelling is certified fit or the tenancy ends for a reason other than nonpayment of rent.
A tenant who stays must deposit the withheld rent in an escrow account in a bank or trust company approved by the city or county. The money is paid to the landlord if the dwelling is certified fit within six months of the unfit certification. If six months pass without certification, the escrow becomes payable to the depositor — the tenant — except that escrowed funds may be used to make the dwelling fit and to pay utility services the landlord is obligated for but refuses or is unable to pay. And the section closes with a sentence tenants should know: no tenant shall be evicted for any reason whatsoever while rent is deposited in escrow.
The deepest ranking page cites 68 P.S. 250.206 for the tenant’s right to withhold rent. That is section 206 of The Landlord and Tenant Act of 1951, and it does something else entirely: where an agency or department certifies a dwelling uninhabitable and a tenant elects to pay rent into escrow under the City Rent Withholding Act, it is the duty of the certifying agency to submit a monthly statement of the escrowed funds to the landlord by first class mail. It is an administrative duty on the city, not a right in the tenant.
The second route is the judge-made one described above: abatement, repair and deduct, and counterclaim under Pugh v. Holmes. It requires notice and a reasonable opportunity to repair and it does not require a municipal certification, but it is asserted in court rather than exercised unilaterally without risk.
What Notice Ends a Pennsylvania Tenancy?
Fifteen days, thirty days or ten days — from the landlord, and only unless the lease says otherwise. 68 P.S. 250.501 is section 501 of the act, “Notice to Quit”, as amended on 2 July 1996 by P.L. 474, No. 74. Subsection (a) opens: a landlord desirous of repossessing real property from a tenant — other than a mobile home space — may notify the tenant in writing to remove at the expiration of the time specified, in three circumstances: upon the termination of a term of the tenant; upon forfeiture of the lease for breach of its conditions; or upon the failure of the tenant, upon demand, to satisfy any rent reserved and due.
Subsection (b) sets the periods. Where the lease is for any term of one year or less or for an indeterminate time, the notice shall specify removal within fifteen days from the date of service. Where the lease is for more than one year, within thirty days. In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, within ten days. Under subsection (d), a termination grounded on the illegal-drug provisions in section 505-A of the act also takes ten days.
Three things about that section are stated wrongly across this search result and they compound. It binds the landlord only. The section is addressed to a landlord desirous of repossessing; it imposes no notice obligation on a tenant, and Pennsylvania has no statute setting how much notice a tenant must give to leave. Four ranking pages present the fifteen and thirty day figures as mutual month-to-month notice periods. The periods turn on the term of the lease, not the length of occupancy. Two ranking pages tie the figures to how long the tenant has lived there, which gives the wrong answer for a two-year lease in its first month and for a monthly tenancy in its fifth year. And it is a notice to remove, not a notice to cure. Two ranking pages describe the fifteen-day and thirty-day notices as a “notice to cure or quit” for lease violations. The statute lets a landlord notify a tenant to remove on forfeiture for breach; any opportunity to cure comes from the lease, because Pennsylvania gives a residential tenant no statutory right to cure a breach and stay.
Subsection (f) sets the service methods: personally on the tenant, or by leaving the notice at the principal building upon the premises, or by posting it conspicuously on the leased premises. Subsection (g), added by Act 88 of 2024 (the Act of July 17, 2024, P.L. 944, No. 88, effective in sixty days), provides that the section does not apply to a landlord repossessing from a person who is not, and never has been, a tenant of the property — the same act added a definition of “tenant” to section 102 and a new section 603 making the whole act inapplicable to such a person. That is the only change any legislature has made to this act since 2016. Generate the paperwork with our Pennsylvania notice to vacate, notice of non-renewal, ten-day notice to pay rent or quit or notice to cure or quit, and see Pennsylvania eviction notice laws and Pennsylvania lease termination laws.
Can a Pennsylvania Lease Waive the Notice to Quit?
Yes. This is the most consequential sentence in Pennsylvania lease drafting, and almost nobody publishes it. 68 P.S. 250.501(e) reads in full: “The notice above provided for may be for a lesser time or may be waived by the tenant if the lease so provides.”
Every uniform-act state in this series treats notice periods as minimum protections a lease cannot reduce. Pennsylvania treats them as defaults the lease may reduce or remove. A Pennsylvania lease may lawfully say that the tenant shall remove within five days, or three, or that no notice to quit is required at all. That is why a Pennsylvania tenant who has read that the answer is “fifteen days” on a template site can still be served with a notice giving less, and be entirely without recourse, because a clause on page four of the lease said so.
Two things follow. For a tenant: the notice-to-quit clause is one of the two or three provisions in a Pennsylvania lease worth reading before signing, alongside the deposit and any confession-of-judgment language. For a landlord: the shorter period only exists if the lease actually creates it, and a lease that is silent gets the statutory fifteen, thirty or ten days. The form above therefore makes the choice explicit — keep the statutory periods, shorten them to a stated number of days, or record the tenant’s waiver — and writes the consequence into the generated lease in plain terms rather than leaving it buried, because the Plain Language Consumer Contract Act requires a consumer contract to carry a statement covering contract waivers of a consumer’s rights in residential leases.
The same structure appears again in 68 P.S. 250.505a(g) for abandoned property, discussed below. Pennsylvania is unusual in having two important procedural defaults that a written lease is expressly permitted to override, and a configurable lease is the right instrument precisely because of it.
What Happens to Property a Pennsylvania Tenant Leaves Behind?
A ten-day notice, then up to thirty days’ storage — unless the lease says something different. 68 P.S. 250.505a is section 505.1 of the act, “Disposition of Abandoned Personal Property”, as amended on 22 October 2014 by P.L. 2620, No. 167. Subsection (b) sets five triggers for property being deemed abandoned: the tenant vacated following termination of a written lease; an eviction order or order for possession was entered and the tenant vacated and removed substantially all personal property; such an order was executed; the tenant gave written notice of a forwarding address and vacated and removed substantially all property; or the tenant vacated without communicating an intent to return, the rent is more than fifteen days past due, and the landlord has since posted notice of the tenant’s rights.
Subsection (d) sets the procedure. Before removing or disposing of the property the landlord must provide written notice of the tenant’s rights. The tenant then has ten days from the postmark date to retrieve the property or to request that it be stored for an additional period not exceeding thirty days from the date of the notice. Storage is at a place of the landlord’s choosing and the tenant bears the cost, and at all times the landlord must exercise ordinary care in handling and securing the property and make it reasonably available for retrieval. Subsection (e) requires the notice to go by first class mail to the leased premises and to any forwarding address the tenant provided, including one given for emergency purposes, and prescribes the form of words.
Then subsection (g). Except with respect to subsection (h), in the event of a conflict between the provisions of this section and the terms of a written lease, the terms of the lease shall control. Every ranking page presents the ten-day and thirty-day procedure as mandatory. It is a default, and a Pennsylvania lease may lawfully set a different storage period. The form above offers that choice.
Three limits a lease cannot touch. Under subsection (f), under no circumstances may a landlord dispose of or otherwise exercise control over personal property remaining upon inhabited premises without the tenant’s express permission, and if the conditions under which property may be deemed abandoned no longer exist, the landlord has no right to dispose of it. Under subsection (h) — expressly carved out of the lease-controls rule — a landlord proceeding after an executed order for possession who has actual knowledge of, or is notified of, a protection from abuse order entered for the tenant or a member of the tenant’s immediate family must refrain from disposing of or controlling the property for thirty days, and on request must store it for up to thirty days from the request. And under subsection (i), a landlord who violates the section is subject to treble damages, reasonable attorney fees and court costs. Subsection (c) removes deceased tenants from the section entirely and sends their property to the decedents’ estates provisions of Title 20.
What Are the Late Fee, Rent Increase and Bad-Check Rules in Pennsylvania?
No cap, no grace period, no notice requirement and no rent control. Pennsylvania sets no statutory maximum late fee for residential rent and requires no grace period. The Landlord and Tenant Act of 1951 does not mention late fees at all, and no other Pennsylvania statute caps them for a dwelling. A late fee is therefore a contract term, and the practical constraints are the general law — a charge bearing no relationship to the loss risks being treated as an unenforceable penalty rather than liquidated damages — plus the Plain Language Consumer Contract Act’s requirement that the clause stating it be easy to read and understand.
The same silence covers rent. Pennsylvania has no statewide rent-control statute, and the Act contains no rent-increase provision of any kind. During a fixed term the rent is what the lease says. On a tenancy for an indeterminate time, a landlord who wants a different rent either agrees it with the tenant or ends the tenancy under 68 P.S. 250.501, which for an indeterminate term means fifteen days’ notice to quit — unless the lease has shortened or waived that notice under 250.501(e). A Pennsylvania lease that promises a notice period before an increase is creating a contractual right that does not otherwise exist, which is a perfectly good reason to include one. See Pennsylvania rent increase laws, Pennsylvania late fee laws and our Pennsylvania rent increase notice and late rent notice.
The returned-check myth. Two ranking pages publish a fifty-dollar cap on what a Pennsylvania landlord may charge for a returned rent check, citing 18 Pa.C.S. 4105. Open that section and it is a criminal offence: a person commits an offence by issuing or passing a check knowing it will not be honoured, graded from a summary offence up to a felony of the third degree by amount. The figure the rankers are quoting sits in subsection (e), headed “Costs”, which applies upon conviction and directs the sentence to include an order for the issuer to reimburse the payee for the face amount, interest at the legal rate from dishonour, and a service charge — but only if written notice of the service charge was conspicuously displayed on the payee’s premises when the check was issued, capped at fifty dollars unless the payee is charged more than that by financial institutions. That is criminal restitution conditioned on a posted notice at a place of business. It is not a civil rule for residential rent, and Pennsylvania caps neither late fees nor returned-check charges.
Which Disclosures Does Pennsylvania Actually Require?
Almost none — and the two that exist are not hazard disclosures at all. Pennsylvania mandates no radon disclosure, no insect infestation history, no asbestos notice, no methamphetamine disclosure, no flood history, no sinkhole notice, no demolition notice and no offender registry notice in a residential lease. What it requires is narrower and stranger than the lists template sites publish.
The escrow bank notice — 68 P.S. 250.511b(a). When any funds are deposited in any escrow account, interest-bearing or noninterest-bearing, the lessor shall notify each tenant in writing, giving the name and address of the banking institution and the amount of the deposits. Remember the limiter in 250.511b(c): the section applies only after the second anniversary of the deposit. Naming the bank in the lease from day one satisfies it early rather than late.
The plain-language statement — Plain Language Consumer Contract Act of 1993, section 5(d). Covered in its own section below. In short: a residential lease must carry a statement covering contract waivers of a consumer’s rights in residential leases, which in Pennsylvania is not a formality, because 68 P.S. 250.501(e) and 250.505a(g) let a lease waive real statutory protections.
Lead-based paint — federal, 42 U.S.C. 4852d. Any dwelling built before 1978 requires the federal disclosure, the pamphlet and any known records or reports. Pennsylvania adds no lead disclosure statute of its own for rentals; Philadelphia operates a separate local lead certification regime. Our Pennsylvania lead-based paint disclosure form handles the federal duty.
What is not required, despite what you will read. The deepest ranking page lists a Megan’s Law disclosure as one of only two required Pennsylvania lease disclosures, asserting that “the Pennsylvania General Assembly passed a law that requires landlords to notify tenants of the presence of nearby sex offenders”. No such law exists. Read 42 Pa.C.S. 9799.27, “Other notification”: the duty to give written notice of a sexually violent predator’s residence falls on the chief law enforcement officer of the police department of the municipality where the individual lives, and the section prescribes what that officer’s notice must contain. Read 42 Pa.C.S. 9799.28: the duty to publish an offender website falls on the Pennsylvania State Police. Neither section, and no other Pennsylvania statute, imposes any notification duty on a landlord.
Nor does Pennsylvania’s property-sale disclosure law reach a lease. 68 Pa.C.S. 7303, in the Real Estate Seller Disclosure Law added in 2000, provides that any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects known to the seller, by completing a property disclosure statement delivered before the signing of an agreement of transfer. Every operative word in that section is about a sale. It creates no duty in a lessor. This is worth checking in every state, because template sites in this category repeatedly present a property-sale disclosure statute as a lease requirement.
Does Pennsylvania Regulate How the Lease Is Written?
Yes, and it is the largest single gap on this search result: not one ranking page mentions it. The Plain Language Consumer Contract Act, the Act of June 23, 1993, P.L. 128, No. 29, applies to a Pennsylvania residential lease. Section 3 defines a “consumer contract” as a written agreement between a consumer and a party acting in the usual course of business, made primarily for personal, family or household purposes, in which the consumer “buys, leases or rents personal property, real property or services for cash or on credit”. Section 4(b) then lists the exclusions — real estate conveyance documents, deeds and mortgages, marital agreements, securities contracts, financial institution documents, insurance contracts, contracts supervised by the Public Utility Commission, contracts involving amounts of more than fifty thousand dollars, and commercial leases. A residential lease is not on that list.
What compliance looks like. Section 5(a) requires all consumer contracts to be written, organized and designed so that they are easy to read and understand. Section 5(b) gives nine language guidelines a court shall consider: short words, sentences and paragraphs; active verbs; no technical legal terms beyond commonly understood ones such as mortgage, warranty and security interest; no Latin or foreign words whose use relies on an obsolete meaning; commonly understood definitions; references to the parties by personal pronoun or by their actual or shortened names; no sentence containing more than one condition; no cross references except brief descriptive ones; and no double negatives or exceptions to exceptions. Section 5(c) gives three visual guidelines: readable type size, line length, column width, margins and spacing; section captions in boldface type; and ink that contrasts sharply with the paper.
The residential-lease provision. Section 5(d)(1) requires the contract to carry a statement containing a general description of the property that may be taken or affected if the consumer does not meet the terms of the contract, and, at subparagraph (ii), contract waivers of a consumer’s rights in residential leases. Pennsylvania is a state where that matters more than it would elsewhere, because 68 P.S. 250.501(e) permits a lease to waive the notice to quit and 68 P.S. 250.505a(g) permits it to rewrite the abandoned-property procedure. A lease that does either is waiving a tenant’s rights and should say so on its face. Section 5(d)(3), added by Act 176 of 2006, separately requires a contract under seal to state that it is enforceable under 42 Pa.C.S. 5529(b), failing which an irrebuttable presumption arises that the parties did not intend an instrument under seal.
The consequences. Under section 7, a creditor, lessor or seller who does not comply with the readability test is liable to the consumer for actual loss, statutory damages of one hundred dollars (or the total amount of the contract if that is less), court costs, reasonable attorney fees, and any equitable relief the court orders — and a violation of the act is deemed to be a violation of the Unfair Trade Practices and Consumer Protection Law, which brings that statute’s own machinery with it. Section 8 supplies the defences: no liability where all parties have finished what the contract required, where the consumer wrote the offending part, or where the lessor made a good faith and reasonable effort to comply; suit must be started within four years of the date the contract was last signed; a violation does not void the contract; and no class action is permitted. Section 9 allows a lease to be submitted to the Attorney General for preapproval. Section 10 provides that a consumer cannot waive the rights the act gives, and that any waiver is void, not just voidable.
What Happens When the Landlord Pays the Utility Bill?
A separate 1978 act takes over, and it carries Pennsylvania’s only statutory presumption of retaliation. The Utility Service Tenants Rights Act, the Act of November 26, 1978, P.L. 1255, No. 299, applies where the landlord is listed on a gas, electric, steam or water utility’s records as the party responsible for payment for one or more residential units of a building or mobile home park the landlord does not solely occupy. In practice: a master-metered building.
Section 3 requires the utility to give the landlord thirty-seven days’ notice before discontinuing service and to notify tenants and the municipal inspection and health agencies. Section 4 then puts a duty on the landlord: on a lawful request, the landlord must give the utility the names and addresses of every affected tenant within seven days of receipt of the notice, unless the landlord pays the amount due or makes an arrangement to pay. Section 18(a) makes a failure punishable by a civil penalty of not more than five hundred dollars for each day of the failure, plus the utility’s reasonable attorneys’ fees at the court’s discretion.
Section 7 gives the tenants a way to keep the lights on: they may apply to the utility to have service continued or resumed by paying an amount equal to the landlord’s bill for the thirty-day period preceding the notice, and thereafter each succeeding thirty-day bill. Section 9 then makes the landlord pay for it: a tenant who has made such a payment may recover the amount by deducting it from any rent then or thereafter due, or by obtaining reimbursement from the landlord. Section 10 makes any waiver of the tenant’s rights under sections 3 to 11 void and unenforceable, so a lease clause purporting to remove them does nothing.
Section 11 is the retaliation provision. It is unlawful for a landlord ratepayer, or an agent or employee, to threaten or take reprisals against a tenant because the tenant exercised rights under section 7 or 9. A landlord who does is liable for damages of two months’ rent or the actual damages sustained by the tenant, whichever is greater, plus the costs of suit and reasonable attorney’s fees. And the receipt of a notice of termination of tenancy, an increase in rent, or any substantial alteration in the terms of tenancy within six months after the tenant acted creates a rebuttable presumption that the notice is a reprisal — a presumption that does not arise where the termination is for nonpayment of rent that was not withheld under section 9 or lawfully withheld under some other right.
Be precise about the scope, because this is exactly the sort of provision that gets generalised into a claim Pennsylvania does not support. That six-month presumption exists only for utility-service reprisals in landlord-ratepayer buildings. Pennsylvania has no general retaliation statute. The only other statutory protection is 68 P.S. 250.205, which provides that no individual unit lease on residential property shall be terminated or nonrenewed on the basis of the participation of any tenant or member of the tenant’s family in a tenants’ organization or association — a provision that covers nonrenewal as well as termination, and which no ranking page mentions.
Who Is Responsible for Carbon Monoxide Alarms?
The owner installs; the occupant tests and reports — but only in buildings of three or more households. The Carbon Monoxide Alarm Standards Act, the Act of December 18, 2013, P.L. 1229, No. 121, is classified to 35 P.S. 7221 et seq. Start with the scope limiter, because it decides everything: a “multifamily dwelling” means any house or building, or portion of one, intended or designed to be occupied or leased for occupation, or occupied, as a home or residence for three or more households living in separate apartments and doing their cooking on the premises. A single-family rental or a duplex is outside section 5 of the act.
Section 4(b) requires each apartment in a multifamily dwelling which uses a fossil fuel-burning heater or appliance, a fireplace, or has an attached garage to have an operational, centrally located and approved carbon monoxide alarm installed in the vicinity of the bedrooms and of the heater or fireplace. Section 5(a) then splits the duties. The owner must provide and install the alarm; must replace any approved alarm that was stolen, removed, found missing or rendered inoperable during a prior occupancy and was not replaced by the prior occupant before the new occupancy began; and must ensure the batteries are in operating condition at the time the new occupant takes residence.
Section 5(b) then hands the running of it to the tenant: except for those duties, the owner is not responsible for maintenance, repair or replacement of the alarm or for battery care while the building is occupied, and responsibility reverts to the owner on vacancy. Section 5(c) sets what the occupant must do: keep and maintain the device in good repair, test it, replace batteries as needed, replace any device stolen, removed, missing or rendered inoperable during the occupancy, and notify the owner or the owner’s authorized agent in writing of any deficiencies. Section 6 makes willful failure to install or maintain an alarm a summary offence with a fine of up to fifty dollars, and section 7 preserves the right of a municipality to adopt equal or more stringent requirements by resolution. Section 4(a) is a sale provision requiring the seller to disclose alarm installation on the property disclosure statement, not a lease duty.
Which Lease Clauses Does Pennsylvania Refuse to Enforce?
Pennsylvania has no prohibited-provisions section of the kind uniform-act states carry. It has a set of separate void-waiver rules scattered across four statutes and one case, and between them they defeat most of the clauses an out-of-state template imports.
- 68 P.S. 250.511a(f) — any attempted waiver of the security deposit limits by a tenant, by contract or otherwise, is void and unenforceable.
- 68 P.S. 250.512(d) — the same, for the thirty-day written list, the forfeiture rule and the double-damages remedy.
- Fair v. Negley, 257 Pa. Super. 50, 390 A.2d 240 (1978) — an attempted waiver of the implied warranty of habitability in a residential lease is unconscionable and ineffective, and an “as is” clause is exactly such a waiver.
- Section 504-A of the Act, in buildings of three or more households — the tenant’s right to invite employees, business visitors, tradesmen, deliverymen, suppliers of goods and services, social guests, family and visitors may not be waived by any provision of a written rental agreement, no fee, service charge or additional rent may be charged for exercising it, and any provision attempting to limit the tenant’s right to purchase goods and services from a source of the tenant’s choosing is void and unenforceable.
- Section 10 of the Utility Service Tenants Rights Act of 1978 — any waiver of the tenant’s rights under sections 3 to 11 of that act, including the right to pay the utility and deduct it from rent and the protection against reprisals, is void.
- Section 10 of the Plain Language Consumer Contract Act of 1993 — a consumer cannot waive the rights the act gives, and any waiver is void, not just voidable.
- 68 P.S. 250.205 — no lease may be terminated or nonrenewed because a tenant or a family member took part in a tenants’ organization or association.
- 51 Pa.C.S. 7315.1(h) — it is a summary offence knowingly to hold a qualifying servicemember’s personal effects, security deposit or other property against rent accruing after a military termination.
- Pennsylvania Human Relations Act section 5(h)(1.1) — it is unlawful to evict or attempt to evict an occupant before the end of the term of a lease because of pregnancy or the birth of a child.
Pennsylvania is silent on attorney’s fees. There is no ban on a tenant-pays-landlord’s-fees clause, no reciprocity requirement, and no statutory award to a landlord. A fee clause is pure contract, subject to the general law of unconscionability and to the Plain Language Act’s readability rule. The form above generates only the reciprocal prevailing-party version, because Pennsylvania supplies no authority blessing a one-sided one. Note separately that several Pennsylvania statutes award the tenant fees whatever the lease says: 68 P.S. 250.505a(i) on abandoned property, section 11 of the Utility Service Tenants Rights Act, and section 7 of the Plain Language Consumer Contract Act.
What Else Should a Pennsylvania Lease Account For?
Buildings of three or more households. Article V-A of the Act, added on 10 December 1974 by P.L. 825, No. 274, applies to a tenement building or multiple dwelling premises housing three or more households. Section 502-A provides that the retention of control of the stairways, passages, roadways and other common facilities places on the landlord the duty of reasonable care for safety in use — a duty owed not only to the tenant but to the tenant’s family, servants and employees, business visitors, social guests and the like, and to those who enter in the tenant’s right. Section 503-A imposes the tenant’s corresponding duties. Section 504-A gives the non-waivable visitor and supplier rights described above.
Appeals after a judgment. 68 P.S. 250.513 gives either party ten days to appeal a magisterial district court judgment arising out of a residential lease to the court of common pleas, but thirty days where the judgment arises out of a nonresidential lease or a residential lease involving a victim of domestic violence. The tenant’s appeal operates as a supersedeas only if the tenant pays the judgment in cash or bond, or — being a victim of domestic violence, defined as a person who has obtained a protection from abuse order or can provide other suitable evidence as the court directs — pays each month’s rent into escrow with the prothonotary within ten days of its due date.
Death of a sole tenant. 68 P.S. 250.514, added in 2016, lets the executor or administrator of a deceased sole tenant terminate the lease on fourteen days’ written notice, effective on the later of the last day of the second calendar month following the month of death, or surrender of the unit and removal of all the tenant’s personal property. The estate stays liable for rent and other debt incurred before termination but is not liable for damages or any penalty for breach or inadequate notice arising from the termination itself.
Military service — two separate routes. Under 51 Pa.C.S. 7315.1, a member of the armed forces of the United States, or of the Pennsylvania National Guard serving on full-time duty or as a civil service technician, may terminate a housing rental agreement on receiving permanent change of station orders, temporary duty orders in excess of three months, an honourable discharge or release from active duty, or orders for mandatory housing assignment to government quarters resulting in forfeiture of the basic allowance for housing. Termination is by written notice effective not less than thirty days after receipt, with a copy of the orders or a commanding officer’s signed letter furnished before the termination date; final rent is prorated and rent paid in advance for a period after termination must be refunded within thirty days. Under 51 Pa.C.S. 7315, a Guard or reserve member called or ordered to active duty other than for training, or to State active duty, for thirty consecutive days or more may terminate a dwelling lease executed before the duty began without cost, payment or penalty. Federal rights under the Servicemembers Civil Relief Act run alongside both. See Pennsylvania breaking-lease laws.
If the tenant leaves early. In Stonehedge Square Limited Partnership v. Movie Merchants, Inc., 552 Pa. 412, 715 A.2d 1082 (1998), the Supreme Court of Pennsylvania held that a non-breaching landlord whose tenant has abandoned the property in violation of the lease has no duty to mitigate damages. Two ranking pages state that rule flatly as Pennsylvania residential law. Both omit that the court framed the question as “whether the landlord in a commercial lease is required to mitigate its damages”; the appeal concerned a shopping-centre video store. The court did reason in part that The Landlord and Tenant Act of 1951, as a comprehensive regulatory scheme, does not modify the landlord’s duty to mitigate as established in the earlier cases — reasoning that is not on its face confined to commercial premises. A residential landlord relying on the case is relying on an extension of it, and a tenant should not assume the rule stops at the shop door.
Fair housing. Section 5(h) of the Pennsylvania Human Relations Act, the Act of October 27, 1955, P.L. 744, No. 222, makes it unlawful to refuse to lease, or to discriminate in the terms or conditions of leasing, because of race, colour, familial status, age, religious creed, ancestry, sex, national origin or handicap or disability, or because of the use of a guide or support animal, or because of the handicap or disability of someone with whom the person is known to have a relationship. Section 5(h)(1.1) separately makes it unlawful to evict or attempt to evict an occupant of any housing accommodation before the end of the term of a lease because of pregnancy or the birth of a child — a provision no ranking page carries. The act’s definitions were amended in November 2025 to bring protective hairstyles and religious head coverings expressly within “race” and “religious creed”. Note the scope limiter in section 4: “housing accommodation” does not include a personal residence offered for rent by the owner or lessee or their broker, salesperson, agent or employee. See Pennsylvania pet and assistance animal laws.
Philadelphia. Local, not statewide, but it reaches the lease itself. Philadelphia Code 9-3903 requires the owner of any property for which a rental licence is required to provide the tenant, at the inception of each tenancy, with a Certificate of Rental Suitability issued by the Department of Licenses and Inspections no more than sixty days before the tenancy begins, together with a copy of the owner’s attestation to the suitability of the unit, a copy of the City of Philadelphia Partners in Good Housing Handbook, and a link to the “How to Register” page on the City Commissioners’ website. The certificate issues only where all required licences are held, there are no outstanding code violation notices, and the owner acknowledges the obligation to provide a fit and habitable property. There is no fee, and the requirement does not apply to a rental to a member of the owner’s family. Philadelphia moves quickly: section 9-3903 was amended effective 28 November 2025 and carries a further amendment approved in May 2026 that takes effect on 1 November 2026, and new non-resident landlord registration and tenant-remedy provisions took effect on 6 July 2026. A Philadelphia landlord should check the current text of the Code before each new tenancy.
Pennsylvania Lease Statute Reference Table
| Subject | Pennsylvania Rule | Citation |
|---|---|---|
| Sublessees | A sublessee is subject to the provisions of the lease between the lessor and the lessee | 68 P.S. 250.105 |
| Oral leases | A term of not more than three years may be oral | 68 P.S. 250.201 |
| Leases over three years | Must be written and signed, or the tenancy is a lease at will only; year to year if recognised for over a year | 68 P.S. 250.202 |
| Tenants’ organizations | No termination or NONRENEWAL for participation by a tenant or a family member | 68 P.S. 250.205 |
| Rent-withholding statements | Duty of the CERTIFYING AGENCY to send the landlord a monthly statement of escrowed funds | 68 P.S. 250.206 |
| Notice to quit | Landlord only: 15 days for a term of one year or less or indeterminate; 30 days for more than one year; 10 days for rent due on demand | 68 P.S. 250.501(b) |
| Waiving the notice to quit | The notice may be for a lesser time OR WAIVED BY THE TENANT IF THE LEASE SO PROVIDES | 68 P.S. 250.501(e) |
| Serving the notice to quit | Personally, or by leaving it at the principal building on the premises, or by posting it conspicuously | 68 P.S. 250.501(f) |
| Abandoned personal property | Written notice, 10 days to retrieve, up to 30 days’ storage — but THE LEASE CONTROLS in a conflict; treble damages, fees and costs for a violation | 68 P.S. 250.505a |
| Security deposit limit | TWO months’ rent in the first year; ONE month’s rent in the second and later years and on renewal; no deposit increase after 5 years in possession; waiver VOID | 68 P.S. 250.511a |
| Escrow, bank notice and interest | Regulated escrow account; written notice of the bank’s name, address and the amount; landlord keeps 1 per cent per annum; applies ONLY after the second anniversary of the deposit | 68 P.S. 250.511b |
| Bond instead of escrow | A good and sufficient guarantee bond from a bonding company authorised in Pennsylvania, in lieu of escrowing | 68 P.S. 250.511c |
| Deposit return and penalties | 30-day written list with payment; late list FORFEITS the right to withhold AND to sue for damage; late payment costs DOUBLE the excess; landlord bears the burden of proving damages; tenant must give a NEW ADDRESS IN WRITING or the section does not apply | 68 P.S. 250.512 |
| Appeals | 10 days from a residential judgment; 30 days for a nonresidential lease or a residential lease involving a victim of domestic violence | 68 P.S. 250.513 |
| Death of a sole tenant | The estate may terminate on 14 days’ written notice, on the later of the second calendar month after death or surrender | 68 P.S. 250.514 |
| Habitability | JUDGE-MADE, not statutory. Implied in all residential leases; notice plus a reasonable chance to repair; abatement by percentage reduction in use; waiver is unconscionable and ineffective | Pugh v. Holmes (1979); Fair v. Negley (1978) |
| Statutory rent withholding | Only on a municipal certification of unfitness, and only in cities; escrow with an approved bank; no eviction for any reason while rent is escrowed | 35 P.S. 1700-1 |
| Utility service and reprisals | Landlord-ratepayer buildings: 7 days to name tenants; tenants may pay and DEDUCT from rent; reprisal presumed for 6 months; two months’ rent or actual damages, whichever is greater | Act 299 of 1978 |
| How the lease is written | Residential leases are consumer contracts: easy to read and understand, captions in boldface, and a statement of contract waivers of the consumer’s rights | Act 29 of 1993 |
| Carbon monoxide alarms | Three or more households with fossil fuel, a fireplace or an attached garage: owner installs, occupant tests and reports in writing | 35 P.S. 7221 |
| Military termination | 30 days’ written notice on qualifying orders; separate route for a Guard or reserve call-up of 30 consecutive days or more | 51 Pa.C.S. 7315.1; 51 Pa.C.S. 7315 |
| Fair housing | Includes AGE and familial status; unlawful to evict before the end of a term because of pregnancy or the birth of a child | Act 222 of 1955, section 5(h) |
| Bad checks | A CRIMINAL offence. Restitution on conviction only, and a service charge only where notice was conspicuously displayed on the payee’s premises — not a landlord fee cap | 18 Pa.C.S. 4105 |
| Seller disclosures | Binds a SELLER transferring an interest to a BUYER. No lease duty | 68 Pa.C.S. 7303 |
| Offender notification | Duty falls on the chief law enforcement officer and the State Police. NO landlord duty | 42 Pa.C.S. 9799.27 |
| Philadelphia | Certificate of Rental Suitability plus the city handbook at the inception of each tenancy; no fee; family-member exception | Phila. Code 9-3903 |
Common Mistakes on Pennsylvania Lease Agreements
- Holding two months’ rent into the second year. 68 P.S. 250.511a(b) caps it at one month’s rent from the second year and on any renewal, and 250.511a(f) makes a waiver void.
- Treating the one-month rule as an annual entitlement. It is a ceiling on the total held, not a further month each year.
- Thinking the five-year rule ends the deposit. 68 P.S. 250.511a(d) only stops a rent increase requiring a bigger deposit.
- Moving out without leaving a written forwarding address. 68 P.S. 250.512(e) then relieves the landlord of all liability under the section — the list, the forfeiture and the double damages together.
- Sending the list without the money. 68 P.S. 250.512(a) requires delivery of the list to be accompanied by payment of the difference.
- Assuming a late list only costs the deposit. 68 P.S. 250.512(b) also forfeits the right to sue the tenant for damage to the premises.
- Quoting the escrow duty without its limiter. 68 P.S. 250.511b(c) applies that whole section only after the second anniversary of the deposit.
- Charging escrow administration fees on top of the one per cent. 68 P.S. 250.511b(b) says the one per cent is in lieu of all other administrative and custodial expenses.
- Assuming the notice to quit binds the tenant. 68 P.S. 250.501 is addressed to a landlord desirous of repossessing; a tenant’s notice obligation comes from the lease.
- Tying the fifteen and thirty day periods to length of occupancy. They turn on the term of the lease.
- Calling the notice to quit a notice to cure. Pennsylvania gives a residential tenant no statutory right to cure a breach and stay.
- Relying on the statutory notice without reading the lease. 68 P.S. 250.501(e) lets a lease shorten or waive it entirely.
- Waiving the notice to quit without saying so plainly. Section 5(d) of the Plain Language Consumer Contract Act requires a consumer contract to state contract waivers of a consumer’s rights in residential leases.
- Writing a twenty-four-hour entry rule as if it were Pennsylvania law. There is no entry statute. State it as a lease term, or it will not exist.
- Disclaiming habitability or adding an “as is” clause. Fair v. Negley holds an attempted waiver unconscionable and ineffective.
- Treating the abandoned-property procedure as unchangeable. 68 P.S. 250.505a(g) lets the lease control, though never over the protection-from-abuse rule in subsection (h).
- Disposing of property while the premises are still inhabited. 68 P.S. 250.505a(f) forbids it without the tenant’s express permission, and subsection (i) carries treble damages, fees and costs.
- Listing a Megan’s Law notice as a required Pennsylvania lease disclosure. 42 Pa.C.S. 9799.27 and 9799.28 put those duties on police and the State Police.
- Publishing a fifty-dollar returned-check cap. That figure is in a criminal statute’s restitution subsection and depends on a notice posted at the payee’s premises.
- Ignoring the Plain Language Consumer Contract Act. Non-compliance costs actual loss, one hundred dollars in statutory damages, costs and attorney fees, and is a violation of the Unfair Trade Practices and Consumer Protection Law.
- Assuming a lease must be written if it runs over one year. Pennsylvania’s threshold is three years, under 68 P.S. 250.201 and 250.202.
Tenant Screening — the First Line of Defense
A well-drafted lease decides who wins a dispute; screening decides whether there is one. Pennsylvania’s double-damages rule and its forfeiture rule both put the landlord’s own paperwork under scrutiny before the tenant’s conduct is ever reached, and its thin statutory floor means the lease and the tenant selection are doing most of the work. Verifiable income, a clean payment history and no prior possession judgments remain the strongest predictors of a quiet tenancy. Our tenant screening report covers credit, eviction filings, criminal background and employment verification. Screen first, then paper the tenancy with this lease — and see Pennsylvania tenant screening laws for what you may and may not consider.
Bottom line
A Pennsylvania lease is governed by The Landlord and Tenant Act of 1951, 68 P.S. 250.101 et seq., which is unconsolidated and therefore carries two section numbers for the same words. The deposit is capped at two months’ rent in the first year and one month’s rent after that under 68 P.S. 250.511a, and any waiver is void. The escrow account, the written bank notice and the one per cent interest split in 68 P.S. 250.511b apply only after the second anniversary of the deposit, and 68 P.S. 250.511c allows a guarantee bond instead. The landlord has thirty days to deliver a written list of damages with the money under 68 P.S. 250.512; a late list forfeits both the deposit and the damage claim, and a late payment costs double the excess — unless the tenant failed to leave a new address in writing, which under 250.512(e) ends the landlord’s liability entirely. Habitability is judge-made, from Pugh v. Holmes, and cannot be waived under Fair v. Negley. There is no entry statute, so the lease must create the notice period. And the notice to quit — fifteen days, thirty days or ten days under 68 P.S. 250.501 — may be shortened or waived by the lease, which is why what your Pennsylvania lease says matters more than what any summary of Pennsylvania law says.
Frequently Asked Questions
How much can a Pennsylvania landlord charge for a security deposit?
Two months’ rent during the first year, and only one month’s rent after that. 68 P.S. 250.511a(a) says no landlord may require a sum in excess of two months’ rent to be deposited in escrow for the payment of damages to the leasehold premises or default in rent during the first year of any lease. 250.511a(b) then says that during the second and subsequent years of the lease, or during any renewal of the original lease, the amount required to be deposited may not exceed one month’s rent. The drop after year one is the most frequently omitted rule in Pennsylvania landlord-tenant law, and 250.511a(f) makes any attempted waiver of that section void and unenforceable.
How long does a Pennsylvania landlord have to return the security deposit?
Thirty days. Under 68 P.S. 250.512(a) every landlord shall, within thirty days of termination of the lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide the tenant with a written list of any damages claimed, and delivery of that list must be accompanied by payment of the difference between the sum held in escrow, including unpaid interest, and the actual damages caused by the tenant. Nothing in the section prevents the landlord refusing to return the money for nonpayment of rent or breach of any other condition of the lease.
What are the penalties if a Pennsylvania landlord wrongly keeps a deposit?
Two consequences under 68 P.S. 250.512. A landlord who fails to provide the written list within thirty days forfeits all rights to withhold any portion of the escrow and the right to bring suit against the tenant for damages to the leasehold premises. A landlord who fails to pay the difference within thirty days is liable in assumpsit to double the amount by which the deposit exceeds actual damages, and the burden of proving actual damages is on the landlord. But 250.512(e) removes all of it where the tenant failed to give the landlord a new address in writing on termination or on surrender and acceptance.
Does a Pennsylvania landlord have to pay interest on a security deposit?
Only after the deposit has been held for two years. 68 P.S. 250.511b requires funds over one hundred dollars to sit in an escrow account at an institution regulated by the Federal Reserve Board, the Federal Home Loan Bank Board, the Comptroller of the Currency or the Pennsylvania Department of Banking, and requires written notice to the tenant of that institution’s name and address and the amount held. Where the money is in an interest-bearing account the landlord keeps one per cent per annum as administrative expenses, in lieu of all other administrative and custodial expenses, and the balance of the interest is the tenant’s, paid annually on the lease anniversary. 250.511b(c) applies the whole section only after the second anniversary of the deposit.
Can a Pennsylvania landlord use a bond instead of an escrow account?
Yes, and almost no coverage mentions it. 68 P.S. 250.511c provides that every landlord subject to the act may, in lieu of depositing escrow funds, guarantee that the escrow funds, less the cost of necessary repairs and including interest, shall be returned to the tenant upon termination of the lease or on surrender and acceptance of the leasehold premises. The guarantee must be secured by a good and sufficient guarantee bond issued by a bonding company authorised to do business in Pennsylvania.
How much notice must a Pennsylvania landlord give before entering?
None, by statute. The Landlord and Tenant Act of 1951 contains no access or entry provision in Article I, II, III, IV, V, V-A, V-B or VI, so Pennsylvania sets no notice period before a landlord enters a rented dwelling. Any right of entry and any notice before it exist only because the lease creates them, and the twenty-four-hour figure repeated across template sites is a lease term or it is nothing. A Pennsylvania municipality may impose entry rules by local ordinance.
How much notice ends a Pennsylvania tenancy?
Fifteen days where the lease is for a term of one year or less or for an indeterminate time, thirty days where it is for more than one year, and ten days where the tenant has failed on demand to satisfy rent reserved and due. That is 68 P.S. 250.501(b). It is a landlord’s notice: the section begins with a landlord desirous of repossessing real property and imposes no notice duty on a tenant at all. The periods turn on the term of the lease, not on how long the tenant has lived there.
Can a Pennsylvania lease waive the notice to quit?
Yes. 68 P.S. 250.501(e) provides that the notice to quit may be for a lesser time or may be waived by the tenant if the lease so provides. Pennsylvania’s notice periods are defaults a lease may reduce or remove, not floors, which is the opposite of the position in the uniform-act states. A tenant should never rely on fifteen or thirty days without reading the lease, and a landlord who wants a shorter period must actually write it down. Because it is a waiver of a tenant’s rights, the Plain Language Consumer Contract Act requires the lease to state it plainly.
Is there a warranty of habitability in a Pennsylvania lease?
Yes, but it is judge-made rather than statutory. In Pugh v. Holmes, 486 Pa. 272, 405 A.2d 897 (1979), the Supreme Court of Pennsylvania abolished caveat emptor for residential leases and implied a warranty of habitability into all of them, mutually dependent on the obligation to pay rent. The tenant must prove notice to the landlord, a reasonable opportunity to repair and a failure to repair. Rent abatement is measured by the percentage reduction in use rather than by fair rental value. Fair v. Negley, 257 Pa. Super. 50, 390 A.2d 240 (1978), holds that an attempted waiver is unconscionable and ineffective, so an as-is clause does not work.
Can a Pennsylvania tenant withhold rent for repairs?
Only through two routes. The statutory route is the City Rent Withholding Act, 35 P.S. 1700-1, which requires a city or county department to certify the dwelling unfit for human habitation, applies only in cities of the first, second, second A or third class, and requires the withheld rent to be deposited in an escrow account approved by the city or county. No tenant may be evicted for any reason whatsoever while rent is deposited in that escrow. The other route is the judge-made abatement and repair-and-deduct remedy from Pugh v. Holmes, which requires notice and a reasonable opportunity to repair.
Does Pennsylvania require any lease disclosures?
Very few. Pennsylvania mandates no hazard disclosures at all. What it does require is the written notice of the escrow institution’s name and address and the amount held under 68 P.S. 250.511b(a), a lease written in plain language that states any waiver of the consumer’s rights under the Plain Language Consumer Contract Act of 1993, and the federal lead-based paint disclosure for housing built before 1978. There is no Pennsylvania offender-registry disclosure: 42 Pa.C.S. 9799.27 puts that duty on the chief law enforcement officer of the municipality.
Does Pennsylvania cap late fees or returned-check fees?
No. Pennsylvania sets no maximum late fee and requires no grace period for residential rent, and it caps no returned-check charge. The fifty-dollar figure published as a Pennsylvania returned-check limit comes from 18 Pa.C.S. 4105, which is the criminal bad-check offence: its costs subsection applies on conviction and allows a service charge only where written notice of that charge was conspicuously displayed on the payee’s premises when the check was issued. It is not a civil rule for residential rent.
Does a Pennsylvania landlord have to give notice of a rent increase?
Not by statute. The Landlord and Tenant Act of 1951 contains no rent-increase provision, and Pennsylvania has no statewide rent-control statute. During a fixed term the rent is what the lease says. On a tenancy for an indeterminate time a landlord who wants a different rent either agrees it or ends the tenancy under 68 P.S. 250.501, which for an indeterminate term means fifteen days’ notice to quit unless the lease has shortened or waived it. A lease that promises notice before an increase is creating a right that does not otherwise exist.
What happens to property a tenant leaves behind in Pennsylvania?
68 P.S. 250.505a sets a default: written notice of the tenant’s rights sent by first class mail, ten days from the postmark date to retrieve the property or request storage for up to thirty days from the date of the notice, at the landlord’s chosen place and the tenant’s cost. But 250.505a(g) provides that, except as to the protection-from-abuse rule in subsection (h), where the section conflicts with the terms of a written lease the terms of the lease control. A landlord who gets it wrong is subject to treble damages, reasonable attorney fees and court costs under 250.505a(i).
Is a Pennsylvania lease required to be in writing?
Only if it runs for more than three years. Under 68 P.S. 250.201 real property may be leased for a term of not more than three years by oral or written contract. Under 68 P.S. 250.202 a lease for more than three years must be in writing and signed, otherwise it has the force and effect of a lease at will only — unless the tenancy has continued for more than a year and both parties have recognised it by claiming and admitting liability for the rent, in which case it becomes a tenancy from year to year. Pennsylvania’s threshold is three years, not one.
Does Pennsylvania have a retaliation statute?
Only two narrow ones. 68 P.S. 250.205 forbids terminating or nonrenewing an individual unit lease on residential property because a tenant or a family member took part in a tenants’ organization or association. And section 11 of the Utility Service Tenants Rights Act of 1978 makes a reprisal against a tenant who exercised utility-payment rights unlawful, with damages of two months’ rent or the actual damages, whichever is greater, plus costs and attorney’s fees, and a rebuttable presumption of reprisal where a termination notice, a rent increase or a substantial alteration of the terms of tenancy arrives within six months. Pennsylvania has no general retaliation statute.
Does a Pennsylvania landlord have to re-rent if the tenant leaves early?
The leading case says no, but read what it decided. In Stonehedge Square Limited Partnership v. Movie Merchants, Inc., 552 Pa. 412, 715 A.2d 1082 (1998), the Supreme Court of Pennsylvania held that a non-breaching landlord whose tenant has abandoned the property in violation of the lease has no duty to mitigate damages. The court framed the issue as one about a commercial lease and the appeal concerned a shopping-centre video store, though its reasoning drew on The Landlord and Tenant Act of 1951 as a comprehensive scheme. A residential landlord relying on the case is relying on an extension of it.
Screen the applicant before you sign the lease
Pennsylvania’s double damages and forfeiture rule put the landlord’s own paperwork under scrutiny first. Tenant Screening Background Check has been verifying Pennsylvania renters since 2004 — credit, eviction filings, criminal background, and employment verification, across all fifty states and DC, with no monthly fees.
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