Landlord Guide to Renting in Pennsylvania

Pennsylvania permits both oral and written rental agreements. Under the Statute of Frauds (33 Pa. Cons. Stat. § 1), leases for a term exceeding three years must be in writing. Written leases are strongly recommended for clarity and enforceability.

• Oral leases are enforceable for terms of three years or less; leases exceeding three years must be in writing (33 Pa. Cons. Stat. § 1)
• The lease should specify rent amount, due date, security deposit amount, lease term, and maintenance responsibilities
• Pennsylvania law does not prohibit lease provisions waiving specific tenant rights, but unconscionable or illegal clauses may be struck by courts
• Month-to-month tenancies are created when no fixed term is specified or when a fixed-term lease expires without renewal

Pennsylvania limits security deposits by statute under 68 Pa. Cons. Stat. § 250.511a–250.512. The cap depends on the year of the tenancy. The landlord must deposit the funds in an escrow account and, in some cases, a separate interest-bearing account.

• First year: security deposit may not exceed two months' rent (68 Pa. Cons. Stat. § 250.511a(a))
• After the first year: the deposit may not exceed one month's rent (68 Pa. Cons. Stat. § 250.511a(b))
• The deposit must be held in an escrow account at a federally or state-regulated institution in Pennsylvania (68 Pa. Cons. Stat. § 250.511b(a))
• After 25 months, the landlord must place the deposit in an interest-bearing account and pay the tenant annual interest minus 1% for administrative costs (68 Pa. Cons. Stat. § 250.511b(b))

Pennsylvania requires landlords to provide certain disclosures at or before the start of the tenancy. Additional disclosure requirements may apply in Philadelphia and other municipalities.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Name and address of the owner and any person authorized to manage the premises or act as agent for service of process (68 Pa. Cons. Stat. § 250.512a)
• The name and address of the financial institution where the security deposit is held (68 Pa. Cons. Stat. § 250.511b(a))
• In Philadelphia: landlord must obtain a rental license and provide the license number and a copy of the City of Philadelphia Partners for Good Housing handbook

Rent is due on the date specified in the rental agreement. Pennsylvania does not mandate a statutory grace period for rent payments. Late fees are permitted if specified in the lease and must be reasonable.

• Rent is due on the date stated in the lease agreement
• No statutory grace period is required; some municipalities (like Philadelphia) may impose local grace period requirements
• Late fees must be reasonable and clearly stated in the lease; courts may invalidate excessive fees as penalties
• Landlords should provide receipts for cash rent payments upon request

Although Pennsylvania does not have a statutory implied warranty of habitability, the Pennsylvania Supreme Court recognized it in Pugh v. Holmes (1979). Landlords must maintain residential rental properties in a condition fit for habitation and comply with applicable building and housing codes.

• Maintain the premises in a habitable condition as recognized by Pugh v. Holmes, 486 Pa. 272 (1979)
• Comply with all applicable state and local building, housing, health, and safety codes
• Keep all common areas in a safe and sanitary condition
• Maintain essential services including heating, plumbing, electricity, and water supply in good working order

Pennsylvania does not have a statewide statute specifying a required notice period for landlord entry. However, landlords are expected to provide reasonable notice and enter only at reasonable times. Courts generally interpret reasonable notice as 24 hours.

• No specific statute sets a required notice period for landlord entry, but reasonable notice (typically 24 hours) is expected
• Entry must be at reasonable times and for lawful purposes such as repairs, inspections, or showings
• Emergency entry is permitted without notice when there is imminent danger to persons or property
• Lease terms may specify notice requirements; it is best practice to include a 24-hour notice clause

Pennsylvania does not have statewide rent control and preempts municipalities from enacting rent control ordinances (68 Pa. Cons. Stat. § 250.202). Landlords may increase rent freely, subject to the terms of the lease.

• No statewide rent control; local rent control is preempted by state law (68 Pa. Cons. Stat. § 250.202)
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• For month-to-month tenancies, at least 30 days' written notice is required before a rent increase
• Retaliatory rent increases in response to a tenant exercising legal rights may be challenged in court under common law principles

Pennsylvania's notice requirements depend on the lease term and type of tenancy. The Landlord and Tenant Act (68 Pa. Cons. Stat. § 250.501) establishes the required notice periods for terminating periodic tenancies.

• Year-to-year tenancy: 30 days' written notice before the lease period ends (68 Pa. Cons. Stat. § 250.501(b))
• Month-to-month tenancy: 15 days' written notice (68 Pa. Cons. Stat. § 250.501(b))
• Week-to-week tenancy (with written lease): 15 days' written notice; without written lease, reasonable notice
• Nonpayment of rent: 10 days' written notice to quit (68 Pa. Cons. Stat. § 250.501(b))

Evictions in Pennsylvania are governed by the Landlord and Tenant Act (68 Pa. Cons. Stat. §§ 250.501–250.602). Landlords must follow the proper legal process through the local magisterial district court. Only a court-ordered eviction carried out by a constable or sheriff is lawful.

• Serve the required written notice (10 days for nonpayment, 15 or 30 days for lease expiration or termination)
• If the tenant does not vacate, file a landlord-tenant complaint in the magisterial district court
• A hearing is held before the magisterial district judge; both parties may present evidence
• If judgment is for the landlord, the tenant has 10 days to appeal; if no appeal, an Order for Possession is issued and enforced by a constable or sheriff

Under 68 Pa. Cons. Stat. § 250.512, the landlord must return the security deposit (less any lawful deductions) within 30 days after the tenant vacates. An itemized list of damages must be provided if any amount is withheld.

• Return deadline: within 30 days after the tenant vacates the premises (68 Pa. Cons. Stat. § 250.512(a))
• An itemized list of damages and the cost of repairs must accompany any withheld portion
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, breach of lease
• If the landlord fails to provide the itemized list or return the deposit within 30 days, the tenant may recover double the deposit amount (68 Pa. Cons. Stat. § 250.512(d))