Renting Out Your Property in Pennsylvania: A Landlord's Guide
Renting out property in Pennsylvania requires understanding specific state laws governing landlord-tenant relationships, security deposits, and eviction procedures. Pennsylvania landlords must comply with the Landlord and Tenant Act of 1951, fair housing laws, and local municipal ordinances that may impose additional requirements.
Failure to comply with Pennsylvania's landlord-tenant laws can result in legal liability, financial penalties, and difficulty removing problematic tenants. Even first-time landlords are expected to know and follow all applicable rental property laws.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
Pennsylvania Landlord and Tenant Act of 1951
This is the primary law governing landlord-tenant relationships in Pennsylvania. It covers essential aspects of renting property including lease requirements, security deposits, landlord access rights, and eviction procedures. As a landlord in Pennsylvania, you must comply with these regulations when creating leases and managing tenant relationships.
Pennsylvania Security Deposit Law
Under Pennsylvania law, landlords cannot collect more than two months' rent as a security deposit during the first year of tenancy, and no more than one month's rent during subsequent years. After the second year, you must place security deposits exceeding $100 in a separate interest-bearing account and provide tenants with the name and address of the bank where funds are held.
Pennsylvania Plain Language Consumer Contract Act
This law requires that residential leases be written in clear, understandable language. As a landlord, you must ensure your lease agreements avoid complex legal terminology and are easily comprehensible to the average person. Non-compliance could make certain lease provisions unenforceable.
Pennsylvania Human Relations Act
This law prohibits discrimination in housing based on race, color, religious creed, ancestry, age, sex, national origin, disability, or familial status. As a landlord, you must ensure your tenant screening process and rental policies do not discriminate against protected classes.
Pennsylvania Lead-Based Paint Disclosure Requirements
For properties built before 1978, landlords must disclose known information about lead-based paint hazards before leases take effect. You must provide tenants with an EPA-approved information pamphlet and include specific warning language in the lease. This requirement aligns with federal law but is enforced at the state level in Pennsylvania.
Pennsylvania Warranty of Habitability
Pennsylvania courts recognize an implied warranty of habitability in all residential leases. This means you must provide and maintain premises that are safe, sanitary, and fit for human habitation. This includes providing essential services like heat, water, electricity, and addressing serious repair issues promptly.
Regional Variances
Major Metropolitan Areas
Philadelphia has stricter rental regulations than most of Pennsylvania, including a Fair Housing Ordinance that prohibits discrimination based on additional protected classes beyond state law. Landlords must obtain a rental license, pass property inspections, and provide a Certificate of Rental Suitability to tenants. The city also has 'Good Cause' eviction protections requiring landlords to have a valid reason for not renewing leases for properties with less than a year term.
Pittsburgh requires rental property registration and regular inspections. The city has a Rental Housing Task Force that enforces housing codes more actively than in other parts of the state. Pittsburgh also has a Fair Housing Ordinance with broader protections than state law, including source of income protection, preventing discrimination against tenants using housing vouchers or public assistance.
College Towns
State College has specific ordinances addressing student housing, including stricter occupancy limits and noise regulations. The borough requires rental housing permits with annual inspections and has a 'Student Home License' requirement for properties primarily rented to students. There are also special parking regulations for rental properties in neighborhoods near campus.
West Chester has implemented a regulated rental unit occupancy ordinance specifically targeting student rentals. Landlords must obtain rental licenses, submit to inspections, and adhere to maximum occupancy standards that are more restrictive than in other areas. The borough also has a 'three strikes' policy regarding noise violations that can result in rental license suspension.
Suburban Areas
Several townships in Montgomery County have enacted their own rental ordinances requiring registration and inspection of rental properties. Some municipalities like Lower Merion Township have rent control provisions for certain properties and additional tenant protections not found elsewhere in Pennsylvania.
Municipalities in Bucks County vary widely in their rental regulations. Some townships require rental licenses and regular inspections while others have minimal oversight. Doylestown Borough, for example, requires rental inspections every three years and has specific regulations regarding conversion of single-family homes to multi-unit rentals.
Rural Areas
Many rural Pennsylvania counties have minimal rental regulations beyond state law. Landlords in these areas typically face fewer local restrictions and licensing requirements. However, they must still comply with state-level requirements including the Pennsylvania Landlord and Tenant Act and statewide building codes.
Suggested Compliance Checklist
Research Pennsylvania Landlord-Tenant Laws
1 days after startingFamiliarize yourself with Pennsylvania's Landlord and Tenant Act of 1951 and local ordinances that apply to your specific municipality. Pay special attention to security deposit limits, notice requirements, and tenant rights. The Pennsylvania Attorney General's website offers resources for landlords.
Obtain a Rental Property Business License
7 days after startingMost Pennsylvania municipalities require landlords to obtain a rental license before leasing property. Check with your local municipality for specific requirements. In Philadelphia, for example, you need a Housing Inspection License and a Commercial Activity License. Failure to obtain proper licensing can result in fines and inability to legally collect rent.
Prepare a Residential Lease Agreement
14 days after startingDraft a comprehensive lease agreement that complies with Pennsylvania law. Include terms regarding rent amount, due date, lease duration, security deposit, maintenance responsibilities, and grounds for eviction. Pennsylvania requires specific language regarding security deposits if they exceed two months' rent.
Create a Rental Application Form
14 days after startingDevelop an application form to screen potential tenants. Include sections for employment verification, income, rental history, and references. Ensure compliance with Fair Housing laws which prohibit discrimination based on protected classes. In Pennsylvania, you can charge an application fee, but it must be reasonable and related to actual screening costs.
Prepare a Lead-Based Paint Disclosure Form
14 days after startingFederal law requires landlords of properties built before 1978 to disclose known information about lead-based paint hazards before leasing. You must provide tenants with an EPA-approved pamphlet on lead poisoning prevention and include specific disclosure language in your lease.
Create a Move-In/Move-Out Inspection Checklist
14 days after startingDevelop a detailed checklist documenting the condition of the property before move-in and after move-out. This helps prevent disputes over security deposit deductions. Take date-stamped photos to supplement the checklist. Both you and the tenant should sign this document.
Establish Landlord's Rules and Regulations
14 days after startingCreate a document outlining house rules that aren't included in the lease. This may cover quiet hours, guest policies, trash disposal, etc. In Pennsylvania, these rules must be reasonable and cannot substantially modify the lease agreement. Provide this document to tenants before they sign the lease.
Prepare a Security Deposit Receipt
14 days after startingPennsylvania law requires landlords to provide a written receipt when collecting security deposits. The receipt must include the amount, date received, and where the deposit will be held. For deposits over $100, funds must be placed in a separate, interest-bearing account in a Pennsylvania financial institution.
Create a Notice of Entry Form
14 days after startingPrepare a form to notify tenants when you need to enter the property. Pennsylvania requires landlords to provide reasonable notice before entry (typically 24 hours) except in emergencies. Having a standardized form helps document compliance with this requirement.
Register with Tax Authorities
21 days after startingRegister with state and local tax authorities if required. Rental income is taxable, and some municipalities have specific rental taxes. In Philadelphia, for example, landlords must collect and remit a 1% tax on rent received from residential tenants.
Obtain Proper Insurance Coverage
21 days after startingPurchase landlord insurance to protect your property. Standard homeowner's insurance typically doesn't cover rental activities. Consider requiring tenants to obtain renter's insurance as part of your lease terms.
Schedule Required Property Inspections
28 days after startingMany Pennsylvania municipalities require periodic safety inspections of rental properties. Check local ordinances for requirements and schedule any necessary inspections. Some areas require fire, electrical, and general safety inspections before a property can be rented.
Install and Verify Safety Equipment
28 days after startingPennsylvania law requires working smoke detectors in all rental properties. Carbon monoxide detectors are required in properties with fossil fuel-burning heaters/appliances or attached garages. Document installation and testing of these safety devices.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research Pennsylvania Landlord-Tenant Laws | Familiarize yourself with Pennsylvania's Landlord and Tenant Act of 1951 and local ordinances that apply to your specific municipality. Pay special attention to security deposit limits, notice requirements, and tenant rights. The Pennsylvania Attorney General's website offers resources for landlords. | - | 1 |
| Obtain a Rental Property Business License | Most Pennsylvania municipalities require landlords to obtain a rental license before leasing property. Check with your local municipality for specific requirements. In Philadelphia, for example, you need a Housing Inspection License and a Commercial Activity License. Failure to obtain proper licensing can result in fines and inability to legally collect rent. | - | 7 |
| Prepare a Residential Lease Agreement | Draft a comprehensive lease agreement that complies with Pennsylvania law. Include terms regarding rent amount, due date, lease duration, security deposit, maintenance responsibilities, and grounds for eviction. Pennsylvania requires specific language regarding security deposits if they exceed two months' rent. | Residential Lease Agreement | 14 |
| Create a Rental Application Form | Develop an application form to screen potential tenants. Include sections for employment verification, income, rental history, and references. Ensure compliance with Fair Housing laws which prohibit discrimination based on protected classes. In Pennsylvania, you can charge an application fee, but it must be reasonable and related to actual screening costs. | Rental Application Form | 14 |
| Prepare a Lead-Based Paint Disclosure Form | Federal law requires landlords of properties built before 1978 to disclose known information about lead-based paint hazards before leasing. You must provide tenants with an EPA-approved pamphlet on lead poisoning prevention and include specific disclosure language in your lease. | Lead-Based Paint Disclosure Form | 14 |
| Create a Move-In/Move-Out Inspection Checklist | Develop a detailed checklist documenting the condition of the property before move-in and after move-out. This helps prevent disputes over security deposit deductions. Take date-stamped photos to supplement the checklist. Both you and the tenant should sign this document. | Move-In/Move-Out Inspection Checklist | 14 |
| Establish Landlord's Rules and Regulations | Create a document outlining house rules that aren't included in the lease. This may cover quiet hours, guest policies, trash disposal, etc. In Pennsylvania, these rules must be reasonable and cannot substantially modify the lease agreement. Provide this document to tenants before they sign the lease. | Landlord's Rules and Regulations | 14 |
| Prepare a Security Deposit Receipt | Pennsylvania law requires landlords to provide a written receipt when collecting security deposits. The receipt must include the amount, date received, and where the deposit will be held. For deposits over $100, funds must be placed in a separate, interest-bearing account in a Pennsylvania financial institution. | Security Deposit Receipt | 14 |
| Create a Notice of Entry Form | Prepare a form to notify tenants when you need to enter the property. Pennsylvania requires landlords to provide reasonable notice before entry (typically 24 hours) except in emergencies. Having a standardized form helps document compliance with this requirement. | Notice of Entry Form | 14 |
| Register with Tax Authorities | Register with state and local tax authorities if required. Rental income is taxable, and some municipalities have specific rental taxes. In Philadelphia, for example, landlords must collect and remit a 1% tax on rent received from residential tenants. | - | 21 |
| Obtain Proper Insurance Coverage | Purchase landlord insurance to protect your property. Standard homeowner's insurance typically doesn't cover rental activities. Consider requiring tenants to obtain renter's insurance as part of your lease terms. | - | 21 |
| Schedule Required Property Inspections | Many Pennsylvania municipalities require periodic safety inspections of rental properties. Check local ordinances for requirements and schedule any necessary inspections. Some areas require fire, electrical, and general safety inspections before a property can be rented. | - | 28 |
| Install and Verify Safety Equipment | Pennsylvania law requires working smoke detectors in all rental properties. Carbon monoxide detectors are required in properties with fossil fuel-burning heaters/appliances or attached garages. Document installation and testing of these safety devices. | - | 28 |
Frequently Asked Questions
In Pennsylvania, a valid lease agreement should be in writing if the lease term is for more than three years (though written leases are recommended for all rental arrangements). The lease should include: names of all parties, property address, lease term, rent amount and due date, security deposit amount, maintenance responsibilities, and any specific rules or restrictions. Pennsylvania doesn't require specific lease disclosures that some other states do, but federal law requires lead-based paint disclosures for properties built before 1978.
In Pennsylvania, landlords can charge up to two months' rent for a security deposit during the first year of tenancy. After the first year, the security deposit must be reduced to no more than one month's rent. Additionally, for any security deposit over $100, landlords must place the funds in a separate escrow account and provide the tenant with the name and address of the banking institution and the deposit amount. After the second year of tenancy, security deposits over $100 must accrue interest, which must be paid to the tenant annually.
Pennsylvania doesn't have a specific state law that requires landlords to provide notice before entering a rental property. However, most courts recognize a tenant's right to privacy and peaceful enjoyment of the property. As a best practice, landlords should provide at least 24 hours' notice before entering, except in emergencies. Your lease agreement should specify your entry policy to avoid disputes.
Pennsylvania doesn't have a state law limiting rent increases or requiring specific notice periods for rent increases. However, for month-to-month tenancies, landlords should provide at least 30 days' written notice before implementing a rent increase. For fixed-term leases, rent cannot be increased until the lease term ends, unless the lease specifically allows for it. Local ordinances in some Pennsylvania municipalities may have additional requirements, so check your local laws.
In Pennsylvania, eviction requires following specific legal procedures: (1) Provide proper written notice (10 days for non-payment of rent, 15 days for lease violations for leases less than one year, 30 days for leases of one year or more); (2) File a complaint with the local Magisterial District Court if the tenant doesn't comply; (3) Attend the hearing; (4) If you win, the court will issue an Order for Possession; (5) If the tenant still doesn't leave, you can request an Order of Possession from the court, which allows a law enforcement officer to remove the tenant. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Pennsylvania.
Pennsylvania doesn't have a statewide rental registration requirement, but many municipalities have their own rental registration and inspection programs. Cities like Philadelphia, Pittsburgh, Allentown, and many others require landlords to register their properties and obtain rental licenses. Some jurisdictions also require periodic inspections. Check with your local municipality's housing department or code enforcement office to determine the specific requirements for your area.
In Pennsylvania, landlords must maintain rental properties in a habitable condition under the implied warranty of habitability. This includes providing working plumbing, heating, and electrical systems; maintaining structural elements; ensuring the property is weathertight and free from pests; providing trash receptacles; and maintaining common areas. Landlords must make repairs within a reasonable time after being notified of issues that affect habitability. The lease can assign certain maintenance responsibilities to tenants (like lawn care), but cannot waive the landlord's obligation to provide a habitable dwelling.
In Pennsylvania, landlords must provide the federal lead-based paint disclosure for properties built before 1978. State law doesn't mandate many specific disclosures, but landlords should disclose known material defects that could affect health or safety. Some municipalities have additional disclosure requirements. For example, Philadelphia requires disclosures about bed bug history, flood disclosure, and a Certificate of Rental Suitability. Check your local ordinances for specific requirements in your area.
In Pennsylvania, landlords must return security deposits within 30 days after the tenant moves out. If you withhold any portion of the deposit, you must provide a written itemized list of damages and the cost of repairs. Failure to provide this list within 30 days means you forfeit the right to withhold any portion of the deposit. You must provide the tenant with the name and address where the written list and refund can be sent at the beginning of the tenancy or upon termination. If you sell the property, you must transfer security deposits to the new owner or return them to tenants.
No, Pennsylvania prohibits housing discrimination based on race, color, religion, ancestry, national origin, sex, disability, use of guide or support animals, and familial status (presence of children under 18). The Pennsylvania Human Relations Act provides these protections statewide. Additionally, many municipalities have their own fair housing ordinances that may include additional protected classes such as sexual orientation, gender identity, marital status, age, or source of income. Landlords should use objective, consistent screening criteria for all applicants to avoid discrimination claims.