Nearly everyone rents a home at some time in their life; here’s how the Keystone State handles rental agreements
What would you do if your landlord tried to break your lease without proper notice? Or what if YOU want to break the lease? This guide breaks down how to handle these types of situations and what the notice requirements would be.
Some states’ laws are perceived as landlord-friendly, while others tend to be more tenant-friendly. Pennsylvania is generally considered a “balanced” state regarding landlord-tenant laws, meaning it doesn’t strongly favor either landlords or tenants.
Here’s a quick rundown of how certain laws benefit both landlords and tenants in Pennsylvania:
Evictions
Pennsylvania allows landlords to evict tenants relatively quickly if the tenant violates the lease, such as by failing to pay rent. However, the state requires landlords to follow specific legal procedures, including providing notice and going through the court system.
Rent control
Pennsylvania does not have rent control laws, which means landlords can increase rent as they see fit, as long as they comply with the lease terms and provide proper notice.
Security deposits
Pennsylvania limits security deposits to two months’ rent for the first year of tenancy and one month’s rent for subsequent years. After the first year, the landlord must place the deposit in an escrow account and provide the tenant with the account details.
Tenant’s rights
A Pennsylvania tenant has the right to a habitable living environment, and landlords are required to make necessary repairs. A tenant can withhold rent or make repairs and deduct the cost from the rent under certain conditions if the landlord fails to address serious issues.
Some Pennsylvania cities, like Philadelphia, might lean more toward tenant protection due to local ordinances and judges who may be more sympathetic to tenants. However, while Pennsylvania has laws protecting both landlords and tenants, it doesn’t strongly favor either position.
Let’s take a closer look at Pennsylvania landlord-tenant law.
Pennsylvania landlord-tenant laws
Lease agreements
A lease is the contract between the property owner or manager and the tenant who wishes to use the space. A lease may be either written or oral, but it’s advised that a lease should be in writing. A written lease is the only way to show proof if there’s a dispute related to the lease terms and one party violates the agreement.
The lease agreement should specify the length of the tenancy, rent amount, payment schedule, security deposit, and any other rules or conditions.
Security deposits
A landlord may charge up to two months’ rent as a security deposit for the first year. After the first year, the deposit cannot exceed one month’s rent.
After the first year, the landlord must place the deposit in an escrow account and provide the tenant with the bank’s name and account number.
A landlord must return the security deposit within 30 days after the tenant moves out, minus any deductions for damages beyond normal wear and tear. The landlord must provide an itemized list of deductions.
Payment of rent
A lease will typically specify that rent is due on a specific date each month. The lease might say that the landlord may charge a late fee, but this must be reasonable. There are no state laws that limit rent increases, which means a landlord could increase the rent at the end of a lease term. They may also institute a rent increase if there is no lease, provided they’ve given the tenant notice.
Repairs and maintenance
A landlord must maintain the rental property in a safe and habitable condition. This includes making necessary repairs and ensuring that vital services like heat, water, and electricity function properly.
If a landlord fails to make necessary repairs, tenants have the right to withhold rent, make the repairs themselves and deduct the cost from the rent, or seek legal remedies.
Additional Pennsylvania tenants’ rights
Right to a habitable home
This includes safe and livable conditions, like working plumbing, heating and electrical systems, and a structurally sound building. Landlords are responsible for making necessary repairs to ensure the property remains habitable. If the landlord fails to make repairs, tenants have several remedies, including withholding rent or making the repairs themselves and deducting the cost from the rent (with proper notice).
Right to withhold rent
If the landlord fails to make essential repairs after being notified, a tenant may have the right to withhold rent or make the repairs themselves and deduct the cost from the rent. This must be done in accordance with legal procedures to avoid eviction. A tenant may also pay their rent into an escrow account managed by the court while a dispute over repairs is resolved.
Right to privacy
A landlord must provide reasonable notice, typically 24 hours, before entering the rental unit for inspections, repairs, or showings. The only exception is in emergencies where immediate access is required.
Right to safe and secure housing
Tenants have the right to secure locks on doors and windows. Landlords must provide working locks and keys at the beginning of the tenancy and should make timely repairs to security features if they become defective.
Right to freedom from discrimination
Tenants are protected from discrimination based on race, color, national origin, religion, sex, familial status, disability, and other protected characteristics under federal and state fair housing laws. Landlords cannot refuse to rent to someone, set different terms, or harass a tenant based on these factors.
Protection from unlawful utility shut-offs
A landlord cannot shut off utilities to force a tenant to move out. If utilities are included in the rent, the landlord must continue to provide these services.
Eviction
Typically, an eviction notice can be served for nonpayment of rent, lease violations or if the tenant fails to leave at the end of a lease term. The landlord must provide notice of eviction and the amount of notice depends on the reason for the eviction. If it’s for failure to pay rent, the period is 10 days.
If the tenant does not vacate the premises after the notice period, the landlord may file a landlord-tenant complaint, which is an eviction lawsuit. The tenant may then defend their side in court if they choose. A landlord is not permitted to forcibly remove a tenant or lock them out; they must go through the legal eviction process.
Right to peaceful enjoyment
A tenant has the right to live in their rental unit without unreasonable interference from the landlord or other tenants. This includes freedom from harassment and excessive noise.
Terminating a tenancy
Either party may terminate a month-to-month lease with 30 days’ notice. A tenant may terminate the lease early under certain circumstances, like military deployment or if the unit becomes uninhabitable.
It’s worth noting that there can be local or municipal ordinances, particularly in cities like Philadelphia and Pittsburgh, that might affect some housing laws.
Pennsylvania landlords have rights, too
Pennsylvania landlords have specific rights that allow them to manage their rental properties effectively while ensuring that their tenants meet their obligations under the lease agreement.
Right to receive rent
A landlord has the right to receive rent on time. If a tenant fails to pay rent, the landlord can take legal action, including filing for eviction. If the lease allows, landlords can charge reasonable late fees if rent is not paid on time. The amount and terms of late fees must be clearly stated in the lease.
Right to collect a security deposit
A landlord can require a security deposit from tenants, which serves as a financial safeguard against damages or unpaid rent. The landlord has the right to deduct from the security deposit for damages beyond normal wear and tear, unpaid rent, or other breaches of the lease agreement. They must provide an itemized list of deductions when returning the deposit.
Right to screen tenants
Landlords can set criteria for tenant selection, such as credit history, rental history, income level, and references. However, they must comply with fair housing laws and cannot discriminate based on race, color, national origin, religion, sex, familial status, disability, or other protected characteristics.
A landlord can conduct background checks on prospective tenants, including credit checks, criminal history checks, and employment verification.
Right to enter property
A landlord has the right to enter the rental property for specific reasons, such as making repairs, inspecting the premises, or showing the property to prospective tenants or buyers. However, they must provide reasonable notice (typically 24 hours) unless there is an emergency. In emergencies, landlords can enter the rental property without prior notice if there is an immediate threat to safety or the property.
Right to enforce lease terms
A tenant is expected to comply with the terms of the lease agreement, including maintaining the property, paying rent on time, and adhering to rules regarding noise, pets, and occupancy limits. If a tenant breaches the lease, the landlord can take appropriate action, including issuing a notice to quit, seeking damages, or terminating the lease.
Right to increase rent
Rent may increase at the end of a lease term or during a month-to-month tenancy with proper notice (typically 30 days). Pennsylvania does not have rent control, so there is no legal limit on the amount of an increase. A landlord is permitted to negotiate new lease terms with a tenant upon lease renewal.
Right to evict
The landlord may evict the tenant who fails to pay rent, causes significant damage, or engages in illegal activities.
The notice period varies depending on the reason for eviction.
Right to withhold security deposit for damages
A landlord can withhold part or all of the security deposit to cover the cost of repairing damages caused by the tenant that go beyond normal wear and tear, but they must provide an itemized list of damages within 30 days of when the tenant has moved out.
Right to non-renewal of lease
At the end of a lease term, the landlord can choose not to renew the lease for any legal reason, such as planning to sell the property or wanting to find new tenants. Proper notice must be given as outlined in the lease or state law.
Right to retaliation protections
While landlords cannot retaliate against tenants for exercising their legal rights, landlords are protected from false claims of retaliation. If a tenant falsely accuses a landlord of retaliation, the landlord can defend their actions in court.
Right to manage the property
Landlords have the right to manage and maintain their properties, including making repairs, upgrading facilities, and ensuring compliance with health and safety codes.
They can enforce property rules related to noise levels, parking, and common areas, and others, as long as these rules are reasonable and do not violate tenants’ rights.
Right to recover costs
If a tenant breaches the lease or causes damage, the landlord may have the right to recover costs through the security deposit or by pursuing legal action for unpaid rent, damages, or other financial losses.
Pennsylvania law aims to be fair and just to everyone involved—both tenants and landlords. If you have a dispute regarding rental property, contact a Pennsylvania landlord-tenant lawyer.
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