Renting a New Property in Pennsylvania: A Tenant's Guide
Renting a new property in Pennsylvania involves understanding specific tenant rights protected under the state's Landlord and Tenant Act. Pennsylvania law provides tenants with protections regarding security deposits (limited to two months' rent for the first year), mandatory disclosures, and specific procedures for maintenance requests and evictions.
Before signing a lease in Pennsylvania, tenants should carefully review all terms and be aware that state law allows landlords to charge up to two months' rent as security deposit during the first year of tenancy, which reduces to one month's rent in subsequent years. Understanding your rights and responsibilities under Pennsylvania law can prevent future disputes and financial losses.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Laws
Pennsylvania Landlord and Tenant Act of 1951
This is the primary law governing landlord-tenant relationships in Pennsylvania. It covers basic rights and responsibilities of both landlords and tenants, including lease requirements, security deposits, maintenance obligations, and eviction procedures. As a new tenant, this law establishes your fundamental rights to a habitable dwelling and proper notice before landlord entry.
Pennsylvania Plain Language Consumer Contract Act
This law requires that residential leases in Pennsylvania must be written in clear, understandable language. As a new tenant, this protects you from confusing or deceptive lease terms and ensures that your rental agreement should be reasonably comprehensible.
Pennsylvania Security Deposit Law
This law limits security deposits to two months' rent during the first year of tenancy and one month's rent during subsequent years. It also requires landlords to return deposits within 30 days after lease termination, with an itemized list of any deductions. As a new tenant, this protects your security deposit and ensures proper handling of these funds.
Pennsylvania Warranty of Habitability
This is a legal doctrine established through court decisions that requires landlords to maintain rental properties in a condition that is safe, sanitary, and fit for human habitation. As a new tenant, this gives you the right to expect basic living standards including working plumbing, heating, electricity, and a structurally sound building.
Pennsylvania Human Relations Act
This law prohibits discrimination in housing based on race, color, religion, ancestry, national origin, sex, disability, or familial status. As a new tenant, this protects you from discriminatory rental practices and ensures equal access to housing opportunities.
Pennsylvania Rent Withholding Act
This law allows tenants to withhold rent when a rental unit has been certified as unfit for human habitation by a local health department or other appropriate agency. As a new tenant, this provides you with a remedy if your rental property becomes severely uninhabitable.
Regional Variances
Major Metropolitan Areas
Philadelphia has additional tenant protections beyond state law, including a 'Good Cause' eviction ordinance that requires landlords to have a valid reason to terminate or not renew a lease. The city also has a Fair Housing Commission that handles discrimination complaints and a Rent Control Board. Philadelphia requires landlords to provide a Certificate of Rental Suitability and a Partners for Good Housing Handbook before collecting rent.
Pittsburgh has its own Commission on Human Relations that enforces fair housing laws more stringently than state requirements. The city also has specific lead safety requirements for rental properties with children and maintains a rental registry program requiring landlords to register their properties and pay annual fees.
College Towns
State College has specific ordinances addressing student housing, including stricter occupancy limits and noise regulations. The borough requires annual rental housing permits and inspections. Leases in this area often run on academic year cycles (August to July) rather than calendar year terms.
West Chester has implemented a Rental Property Maintenance and Occupancy Ordinance with specific requirements for student rentals, including maximum occupancy restrictions and special inspection requirements. The borough also has a Student Home License requirement for properties rented primarily to students.
Suburban Counties
Montgomery County has established a Commission on Common Ownership Communities that provides dispute resolution for tenants in condominiums and homeowner associations. The county also has enhanced protections against source-of-income discrimination for housing voucher recipients.
Allegheny County (outside Pittsburgh) has its own Human Relations Commission with jurisdiction over housing discrimination complaints. The county also administers specific rent assistance programs with unique eligibility requirements and landlord participation rules.
Rural Areas
Rural Pennsylvania counties typically have fewer local rental regulations beyond state law. Tenants in these areas may face challenges with housing code enforcement due to limited local government resources. Water and septic system regulations may be more relevant for rural rental properties than in urban areas with public utilities.
Frequently Asked Questions
As a tenant in Pennsylvania, you have several important rights, including: the right to a habitable dwelling, protection against illegal discrimination, privacy rights limiting when a landlord can enter your unit (typically requiring reasonable notice), the right to request repairs, protection against retaliation for exercising your legal rights, and the right to proper eviction procedures. Pennsylvania law also requires landlords to provide at least 10 days' notice for lease violations and 15-30 days' notice for other eviction reasons.
In Pennsylvania, landlords can charge up to two months' rent for a security deposit during the first year of tenancy. For the second year and beyond, the security deposit cannot exceed one month's rent. Additionally, for any security deposit over $100, landlords must deposit the funds in a separate, interest-bearing account. After the second year, tenants are entitled to receive interest earned on their security deposit minus a 1% administrative fee that the landlord may keep.
In Pennsylvania, landlords must return your security deposit within 30 days after you move out. If the landlord withholds any portion of the deposit, they must provide a written itemized list of damages and the cost of repairs. If your landlord fails to provide this written list or return your deposit within 30 days, you may be entitled to double the amount wrongfully withheld. To maximize your chances of getting your full deposit back, provide your forwarding address in writing and document the condition of the property with photos or video when you move out.
In Pennsylvania, landlords must provide reasonable notice before entering your rental unit, except in emergencies. While Pennsylvania law doesn't specify exactly what constitutes 'reasonable notice,' 24 hours is generally considered standard. Your lease may contain specific provisions about landlord entry. Landlords can enter for legitimate reasons such as making repairs, showing the unit to prospective tenants, or inspections, but they cannot enter arbitrarily or harass you through frequent, unnecessary visits.
Pennsylvania landlords must maintain rental properties in a habitable condition under the 'implied warranty of habitability.' This means they must provide working plumbing, heat, electricity, and hot water; keep common areas clean and safe; maintain structural elements; provide proper trash receptacles; and ensure the property meets building codes. If essential services fail, notify your landlord in writing immediately. If they don't respond in a reasonable timeframe, you may have options like repair-and-deduct, rent withholding, or breaking the lease, but these remedies should be pursued carefully and with proper documentation.
Pennsylvania law doesn't limit how much a landlord can increase rent, but they must provide proper notice based on your lease type. For month-to-month tenancies, landlords must give at least 30 days' notice before a rent increase. For fixed-term leases, rent generally cannot be increased until the lease term ends, unless the lease specifically allows for increases. If you have a written lease, check it carefully for any provisions regarding rent increases. Rent increases cannot be discriminatory or retaliatory.
In Pennsylvania, landlords must follow specific legal procedures to evict tenants. First, they must provide written notice (10 days for lease violations, 15-30 days for other reasons). If you don't comply or move out, the landlord must file a complaint with the local district justice. You'll receive a hearing notice, and both parties can present their case. If the landlord wins, you have 10 days to appeal or vacate. If you don't leave voluntarily, the landlord must obtain an order for possession and have it executed by a constable or sheriff. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Pennsylvania.
In Pennsylvania, breaking a lease early typically means you're responsible for rent until the lease ends or until the landlord re-rents the unit. However, there are legal exceptions: active military duty deployment, uninhabitable living conditions, landlord harassment or privacy violations, or domestic violence situations (with proper documentation). Pennsylvania landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit. If you need to break your lease, provide written notice, try to find a replacement tenant, and negotiate with your landlord for the best outcome.
If your Pennsylvania landlord isn't making necessary repairs: 1) Document the issues with photos and written descriptions, 2) Send a formal written request for repairs to your landlord (keep copies), 3) If the problem persists, contact local code enforcement or the health department for serious habitability issues, 4) Consider legal remedies like repair-and-deduct (making repairs yourself and deducting the cost from rent), rent withholding (placing rent in escrow until repairs are made), or filing a complaint with the Pennsylvania Attorney General's Bureau of Consumer Protection. Always consult with a tenant rights organization or attorney before withholding rent, as improper withholding could lead to eviction.
Pennsylvania does not have statewide rent control laws. Landlords can generally increase rent by any amount when a lease ends, provided they give proper notice (typically 30 days for month-to-month tenancies). The only limitation is that rent increases cannot be discriminatory or retaliatory. Some municipalities may have their own regulations regarding rent increases, but these are rare in Pennsylvania. Your best protection against significant rent increases is negotiating longer lease terms with fixed rent amounts.