DocDraft Logo

Pennsylvania Residential Lease Agreement

Pennsylvania lease agreement: deposit capped at two months' rent year one, 30-day itemized return required. Free to create; attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms for renting a home or apartment: the rent amount, the length of the lease term, the security deposit, each party's responsibilities, and how the tenancy ends. In Pennsylvania, residential tenancies are chiefly governed by The Landlord and Tenant Act of 1951 (68 P.S. Section 250.101 et seq.). A Pennsylvania landlord may require a security deposit of up to two months' rent during the first year of a lease, and up to one month's rent during the second and later years or any renewal. Once the tenancy ends, the landlord has 30 days to send a written itemized list of any damages along with the balance of the deposit; missing that deadline forfeits the landlord's right to keep any of the deposit. Deposits over $100 must be held in an escrow account, and the landlord must give the tenant written notice of the bank's name, address, and the amount held. Pennsylvania sets no statutory notice period before a landlord may enter the rental, no statewide cap on late fees, and no statewide rent control. Ending a month-to-month tenancy generally calls for 15 days' notice. Federal law requires a lead-based paint disclosure for housing built before 1978. Attorney review of a lease is available as an option before signing.

0/5000

Key Things to Know

  1. 1

    A residential lease agreement is a contract between a landlord and a tenant that fixes the rent, the term, the security deposit, and the rules for living in the rental; it is what makes the tenancy legally enforceable, not just paperwork.

  2. 2

    The security deposit is capped at two months' rent during the first year of the lease and one month's rent during the second and later years or renewals (68 P.S. Section 250.511a). Deposits over $100 must sit in an escrow account, a separate bank account the landlord holds only to secure damages or unpaid rent.

  3. 3

    The landlord has 30 days after the lease ends or the unit is surrendered to send a written itemized list of damages with the deposit balance (68 P.S. Section 250.512). Missing the deadline forfeits the landlord's right to keep any of the deposit or to sue the tenant for damages.

  4. 4

    Pennsylvania's Landlord and Tenant Act of 1951 sets no statutory notice period, or number of hours, a landlord must give before entering the rental. A lease can still set its own reasonable-notice terms even though state law does not require one.

  5. 5

    There is no statewide cap on late fees and no mandatory grace period before a late fee can apply in Pennsylvania. The lease itself is where any late-fee amount and grace period must be spelled out.

  6. 6

    Ending a month-to-month tenancy (or one for a year or less) generally takes 15 days' written notice; a lease longer than one year takes 30 days (68 P.S. Section 250.501). Pennsylvania has no statute requiring advance notice of a rent increase.

  7. 7

    Pennsylvania has no statewide rent control or rent-stabilization law and no just-cause eviction requirement in the Landlord and Tenant Act of 1951.

Key decisions before you file

Before you file a Residential Lease Agreement in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

Customize your Residential Lease Agreement Template with DocDraft

PENNSYLVANIA RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This lease is made between [LANDLORD NAME] (the lessor, meaning the party who owns and rents out the property) and [TENANT NAME] (the lessee, meaning the party renting the property), for the residential property located at [RENTAL ADDRESS], Pennsylvania.

  2. TERM This lease is for a [FIXED TERM of ___ months, OR a month-to-month tenancy] beginning on [START DATE] and ending on [END DATE, if fixed].

  3. RENT Tenant agrees to pay rent of $[AMOUNT] per month, due on the [DAY] of each month. Pennsylvania's Landlord and Tenant Act of 1951 sets no statutory late-fee cap and no mandatory grace period, so any late fee and grace period, if any, must be stated here: [LATE FEE TERMS].

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT], which may not exceed two months' rent during the first year of this lease or one month's rent during the second and later years or any renewal (68 P.S. Section 250.511a). If the deposit exceeds $100, Landlord shall hold it in an escrow account (a separate bank account used only to secure damages or unpaid rent) and shall give Tenant written notice of the bank's name, address, and the amount deposited (68 P.S. Section 250.511b). Within 30 days after the lease ends or the unit is surrendered, whichever comes first, Landlord shall provide a written itemized list of any damages together with the deposit balance owed (68 P.S. Section 250.512); failing to do so forfeits Landlord's right to withhold any part of the deposit.

  5. DISCLOSURES If this property was built before 1978, Landlord must give Tenant the federal lead-based paint disclosure and pamphlet (42 U.S.C. Section 4852d). If the deposit is held in escrow, Landlord must also disclose the escrow bank's name, address, and deposit amount in writing (68 P.S. Section 250.511b).

  6. ENTRY Pennsylvania's Landlord and Tenant Act of 1951 sets no statutory notice period before Landlord may enter the premises. The parties agree Landlord will provide [NOTICE TERMS, e.g., reasonable advance notice] except in an emergency.

  7. MAINTENANCE AND USE Tenant shall keep the premises clean and undamaged beyond normal wear and use them only as a residence. Landlord shall keep the premises fit for habitation and make needed repairs within a reasonable time after written notice from Tenant.

  8. TERMINATION A month-to-month tenancy, or a lease with a term of one year or less, generally ends on 15 days' written notice; a lease with a term of more than one year ends on 30 days' written notice (68 P.S. Section 250.501). Pennsylvania has no statute requiring advance notice of a rent increase.

SIGNATURES

_____________________________ Date: __________ [LANDLORD NAME], Landlord

_____________________________ Date: __________ [TENANT NAME], Tenant

Note: This is a Pennsylvania skeleton governed by The Landlord and Tenant Act of 1951 (68 P.S. Sections 250.101 to 250.510-B). No notary or witnesses are required for a Pennsylvania residential lease. For the complete, customizable template, see the full Residential Lease Agreement template.

Pennsylvania Requirements for Residential Lease Agreement

Security Deposit Capped by Lease Year

A Pennsylvania landlord may not require more than two months' rent as a security deposit during the first year of a lease. During the second and later years, or any renewal, the deposit may not exceed one month's rent (68 P.S. Section 250.511a).

Escrow Account and Bank Disclosure

Security deposits over $100 must be held in an escrow account, a separate bank account used only to secure damages or unpaid rent. The landlord must give each tenant written notice of the bank's name, address, and the amount deposited (68 P.S. Section 250.511b(a)).

Interest on Deposits Held Past Two Years

Once a deposit has been held for more than two years, the landlord must pay the tenant interest annually on the lease anniversary, minus up to 1% per year the landlord may keep as an administrative expense (68 P.S. Section 250.511b(b)-(c)).

30-Day Itemized Deposit Return

Within 30 days of the lease ending or the unit being surrendered, whichever comes first, the landlord must give the tenant a written itemized list of damages along with the deposit balance owed. Missing this deadline forfeits the landlord's right to withhold any of the deposit or sue for damages (68 P.S. Section 250.512(a)-(b)).

Double Damages for Withholding a Deposit Improperly

A landlord who fails to pay the deposit balance owed within the 30-day window can be held liable in a civil suit (assumpsit) for double the amount by which the deposit exceeds the actual damages (68 P.S. Section 250.512(c)). The tenant's deposit rights under this section cannot be waived in the lease (Section 250.512(d)).

Federal Lead-Based Paint Disclosure

For any rental built before 1978, federal law requires the landlord to give the tenant a lead-based paint disclosure and the EPA pamphlet before the lease is signed (42 U.S.C. Section 4852d). This applies in every state, including Pennsylvania.

No Statutory Entry-Notice Period

The Landlord and Tenant Act of 1951 sets no statutory notice period a landlord must give before entering the rental. Because state law is silent, readers should treat any specific notice window as a lease term the parties agree to, not a state-mandated right.

Termination Notice and No Statewide Rent Control

A month-to-month tenancy, or a lease of one year or less, generally ends on 15 days' written notice; a lease longer than one year ends on 30 days' notice (68 P.S. Section 250.501). Pennsylvania has no statute requiring notice of a rent increase and no statewide rent control or just-cause eviction law.

Frequently Asked Questions

A Pennsylvania lease should name the landlord and tenant, describe the rental property, state the rent amount and due date, set the lease term, and spell out the security deposit amount, which under 68 P.S. Section 250.511a cannot exceed two months' rent the first year or one month's rent after that. It should also cover maintenance duties and how either side ends the tenancy.

Up to two months' rent during the first year of the lease, and up to one month's rent during the second and later years or any renewal, under 68 P.S. Section 250.511a. Deposits over $100 must be held in escrow, a dedicated bank account, and the landlord must tell the tenant in writing the bank's name, address, and the amount held.

Yes. A Pennsylvania lease template is free to generate here, and you fill in the rent, term, and party details for your rental. Attorney review is available afterward as an optional add-on before you sign, not an automatic step.

No. The Landlord and Tenant Act of 1951 does not require a residential lease to be notarized or witnessed to be valid. Both the landlord and tenant simply sign the lease; keeping a signed copy on file is the practical safeguard, not notarization.

Pennsylvania's Landlord and Tenant Act of 1951 contains no statute setting a required notice period before a landlord enters the rental. Because state law is silent, the lease itself is the main place notice terms get set; many leases still specify a reasonable-notice window by agreement even though it is not mandated.

Federal law requires a lead-based paint disclosure for any rental built before 1978 (42 U.S.C. Section 4852d). If the security deposit is held in escrow, Pennsylvania law also requires the landlord to disclose in writing the escrow bank's name, address, and the amount deposited (68 P.S. Section 250.511b).

Ending a month-to-month tenancy generally requires 15 days' written notice under 68 P.S. Section 250.501; a lease with a term of more than one year requires 30 days' notice instead. Pennsylvania has no statute requiring advance notice before a rent increase takes effect.

Yes, but Pennsylvania sets no statutory cap on how much a late fee can be and no mandatory grace period before one applies. Because the Landlord and Tenant Act of 1951 is silent on late fees, the amount and any grace period come entirely from what the lease itself says.