Pennsylvania Roommate Agreement
The Pennsylvania rules that shape the document: no lodger law for removal, no default rule on rent liability or deposit splits, and a two-part fair housing exemption for shared living.
Find out where you stand in Pennsylvania
DocDraft provides document preparation, not legal advice.
Introduction
A roommate agreement is a private contract between co-tenants, not a lease, and it does not bind the landlord or change what the lease says. In Pennsylvania, a handful of state rules sit on top of the national template: there is no lodger statute, so removing an unwanted roommate always requires a formal eviction where a landlord-tenant relationship exists, or an ordinary civil ejectment action where it does not; no statute says whether an added roommate becomes a co-tenant or a subtenant, or requires the landlord's consent by default, so the lease's own terms control; and the state's fair housing law exempts shared living through two separate carve-outs rather than one simple unit-count threshold, while adding age, ancestry, and use of a guide or support animal as protected classes. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.
Key Things to Know
- 1
Pennsylvania has no lodger law. Where a landlord-tenant relationship exists, only the landlord can remove an occupant, and only through the formal Notice to Quit and eviction process under the Landlord and Tenant Act of 1951. Where no landlord-tenant relationship exists, the only route is an ordinary civil ejectment action. Neither roommate may remove the other by self-help, lockout, or removing belongings.
- 2
No Pennsylvania statute says whether an added roommate becomes a co-tenant on the lease or a subtenant of the original tenant, or requires the landlord's consent by default. The Landlord and Tenant Act of 1951 only requires that a lease assignment over three years be in writing; the lease's own terms control everything else.
- 3
Pennsylvania's Notice to Quit periods are fifteen days for a lease term of one year or less or an indeterminate term, thirty days for a term over one year, and ten days for nonpayment of rent. This is the landlord's tool against a tenant of record, not something one roommate can use against another.
- 4
No Pennsylvania statute sets a default joint-and-several or pro-rata rule for rent liability among co-tenants. The lease controls what the landlord can collect from each signer, so this agreement should state each roommate's payment share explicitly.
- 5
No Pennsylvania statute addresses how departing roommates split a security deposit refund or reimburse each other for damage. The deposit statute governs only the landlord's return of the escrowed deposit to the tenant, so the split is left entirely to this agreement.
- 6
The Pennsylvania Human Relations Act adds age, ancestry, and use or handling of a guide or support animal to the federal fair housing classes, but does not add sexual orientation, gender identity, marital status, or source of income at the state level.
- 7
Pennsylvania's shared-living exemption is not one simple unit-count threshold. A personal residence of two or fewer units is excluded from coverage entirely, and a separate, size-uncapped exemption covers any landlord-occupied rooming house with a common entrance. Philadelphia's own Fair Practices Ordinance adds sexual orientation, gender identity, marital status, and source of income within city limits.
Key decisions before you file
Before you file a Roommate Agreement in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
Open the Roommate Agreement guideCustomize your Roommate Agreement Template with DocDraft
Pennsylvania Requirements for Roommate Agreement
Pennsylvania Roommate Removal Requires Formal Eviction or Ejectment
Pennsylvania has no lodger statute. Where a landlord-tenant relationship exists, only the landlord may remove an occupant, and only through the formal Notice to Quit and eviction process under the Landlord and Tenant Act of 1951 (68 P.S. Section 250.501). Where no such relationship exists, the only route is an ordinary civil ejectment action. The agreement should not suggest any self-help removal right.
Pennsylvania Has No Default Answer on Added-Roommate Status
No Pennsylvania statute says whether an added roommate becomes a co-tenant on the lease or a subtenant of the original tenant, or requires landlord consent by default. The Landlord and Tenant Act of 1951 (68 P.S. Section 250.203) only requires a lease assignment over three years to be in writing. The lease's own terms control.
Pennsylvania Notice to Quit Periods
Under 68 P.S. Section 250.501, a Notice to Quit must give at least fifteen days for a lease term of one year or less or an indeterminate term, thirty days for a term over one year, or ten days for nonpayment of rent, before a landlord-tenant complaint may be filed. This is the landlord's tool against a tenant, not a mechanism between roommates.
Pennsylvania Has No Default Rule on Joint Rent Liability
No Pennsylvania statute sets a default joint-and-several or pro-rata rule for rent liability among co-tenants. Draft the payment clause to state each roommate's share explicitly rather than relying on an assumed state default.
Pennsylvania Has No Statutory Deposit-Split Rule
Pennsylvania's escrow-funds statute (68 P.S. Section 250.511a) governs only the landlord's return of the deposit to the tenant, with no statutory division among roommates. The agreement should set out how a shared deposit is divided when a roommate moves out.
Pennsylvania Fair Housing Exemption Structure and Philadelphia Overlay
The Pennsylvania Human Relations Act exempts shared living through a two-or-fewer-unit personal residence exclusion and a separate, size-uncapped landlord-occupied rooming house exemption, adds age, ancestry, and guide or support animal use as protected classes, and lifts the advertising restriction only for the sex-based dormitory carve-out. Philadelphia's Fair Practices Ordinance separately adds sexual orientation, gender identity, marital status, and source of income within city limits.