Pennsylvania Lease Agreement

Required Landlord Disclosures (2)

Some states require landlords to provide tenants with certain disclosures when signing a lease. Pennsylvania does not require any disclosures at the state level. However, federal law does require a single disclosure:

1. Lead-Based Paint: Federal law requires all landlords operating units built before 1978 to disclose any knowledge of lead-based paint or lead-based paint hazards on the property.

2. Megan’s Law: The Pennsylvania General Assembly passed legislation referred to as “Megan’s Law” to provide community notification on the presence of sex offenders.

Security Deposit Regulations

Maximum Security Deposit Amount: Pennsylvania limits the maximum security deposit to 2 months’ rent for all new leases. Security deposits are capped at 1 month’s rent for renewals, and landlords cannot collect security deposits for leases renewed for over 5 years (68 PS § 250.511a).

Receipt of Deposit: Landlords in Pennsylvania are not required to provide a receipt for the security deposit. However, it’s good practice.

Interest: Pennsylvania landlords must pay interest on security deposits to the tenant after the second year of holding the funds (68 PS § 250.511b).

Bank Location: Landlords must disclose the name and address of the bank holding the security deposits (68 PS § 250.511a-250.512).

Deduction Tracking: Landlords may withhold funds from the security deposit to repair tenant-caused damages. Normal wear and tear is not a reason to withhold funds. The landlord must provide an itemized list of deductions within 30 days (68 PS § 250.512a).

Returning a Tenant’s Security Deposit: Security deposits must be returned within 30 days of lease termination or upon surrender of the property, whichever comes first (68 PS § 250.512(a)).

Landlord’s Access to Property

Advance Notice: Pennsylvania does not have specific laws regarding landlord entry. Landlords are permitted to enter a unit for any reason that doesn’t harass the renter or prevent the use of the property.

Immediate Access: Emergency access to the property is allowed at any time.

Landlord Harassment: While there are no specific laws about landlord harassment when entering the rental unit, excessive entry could threaten the “quiet enjoyment” of the property and expose the landlord to legal injunctions or lease termination.

Rent Payment Laws

Grace Period: There is no grace period requirement for late rent payments.

Late Rent Fees: State law does not regulate late fees in Pennsylvania, but should be outlined in the lease.

Tenant’s Right to Withhold Rent: if a landlord fails to provide an essential service or utility like water or heat, tenants may withhold rent and place it in an escrow account (68 PS § 250.206).

Breach of Rental Agreement

Missed Rent Payment: Once a rent payment is late, landlords in Pennsylvania may issue a 10-day notice to pay or quit (68 PS § 250.501b).

Lease Violation: For tenancies under a year, landlords must issue a 15-day notice to cure or quit for lease violations. A 30-day notice is required for tenancies longer than 1 year (68 PS § 250.501b).

Self-Help Evictions: Pennsylvania landlords should never attempt self-help evictions; they’re illegal. Landlords should always follow the legal eviction process to avoid complications or potential civil or criminal liability.

Lease Abandonment: Tenants who abandon a property before their lease term is up may be responsible for all remaining rent and any damage to the property. Pennsylvania landlords are not required to attempt to re-rent the unit.

Ending a Lease

Month-to-Month: Tenants and landlords may end a month-to-month lease with at least 30 days’ notice for tenancies that have lasted longer than a year. 15 days’ notice is required for tenancies under one year (68 PS § 250.501b).

Fixed-Term: Tenants with a fixed-term lease may be able to end their lease early if they meet a qualifying condition. Qualifying conditions include landlord harassment or retaliation, entering into active military duty, or domestic violence.

Property Abandonment: Landlords should notify tenants of property left behind. Pennsylvania law gives tenants 10 days to respond to that notice. If the tenant informs the landlord that they intend to claim the property, they have 30 days to do so. If not, the landlord may dispose of the property as they see fit. If the property is sold and exceeds the amount the tenant owes the landlord, the remainder must be sent to the tenant. The tenant is also responsible for any related property storage fees.

Renewing a Lease

Required Renewals: Pennsylvania landlords are not required to renew a lease upon expiration.

Required Notice: For month-to-month tenancies under a year, landlords must provide at least 15 days’ notice that they are ending the lease. 30 days’ notice is required for tenancies over a year. Fixed-term leases require 30 days’ notice when the landlord does not intend to renew the lease agreement (68 PS § 250.501).

Rent Control & Stabilization

Pennsylvania does not have rent control or rent stabilization laws, which means landlords can raise the rent as they see fit once the lease term ends.