Your comprehensive guide to rental laws, guidelines and advocacy in Pennsylvania
Pennsylvania law requires that late fees must be reasonable and specified in the lease agreement. While there is no statutory limit on late fees, courts generally consider fees reasonable if they are between 4% and 10% of monthly rent. Late fees cannot begin until the rent is at least one full day late. The lease must clearly state when rent is considered late and what the late fee will be. Excessive late fees may be challenged in court as an unenforceable penalty.
Pennsylvania law limits security deposits to two months' rent during the first year of tenancy and one month's rent during subsequent years. Landlords must return deposits within 30 days of lease termination and provide an itemized list of any deductions. For leases longer than one year, deposits over $100 must be kept in an interest-bearing account, with interest paid to tenant annually. Landlords can deduct for unpaid rent, damages beyond normal wear and tear, and other lease violations. If the landlord fails to provide an accounting or return deposits within 30 days, they may be liable for double the amount wrongfully withheld.
Pennsylvania requires: 1) 10-day notice for non-payment of rent, 2) 15-day notice for lease violations, 3) 30-day notice for month-to-month termination (if lease term is one year or less), 4) 90-day notice if lease term is longer than one year. Self-help eviction is illegal. Landlords must file a complaint with the local magistrate and obtain a court order. Tenants have the right to cure lease violations within the notice period. Special protections exist for victims of domestic violence under the PA Safe Harbor Act. Rent withholding is allowed for serious habitability issues after proper notice to the landlord.
Pennsylvania law requires landlords to maintain properties in a habitable condition including: 1) Working plumbing, heating, and electrical systems, 2) Weatherproof structure and proper ventilation, 3) Safe and sanitary common areas, 4) Regular pest control, 5) Compliance with local building codes. The Pennsylvania Landlord and Tenant Act establishes the implied warranty of habitability. Tenants must provide written notice of repair needs. If landlords fail to make repairs within a reasonable time, tenants may repair and deduct costs from rent, withhold rent, or terminate the lease, depending on the severity of the issue.
Pennsylvania law requires landlords to provide reasonable notice (typically 24 hours) before entering a rental unit, except in emergencies. Entry must be during reasonable hours. The notice should specify the date and approximate time of entry. Valid reasons for entry include repairs, inspections, or showing the unit to prospective tenants/buyers. While Pennsylvania doesn't specify exact notice requirements by statute, 24 hours is considered standard practice. Tenants have the right to quiet enjoyment of their rental unit, and repeated violations may constitute harassment.
In Pennsylvania, for month-to-month tenancies, landlords must provide at least 30 days' written notice before increasing rent. For fixed-term leases, rent can only be increased at the end of the lease term unless the lease specifically allows for increases during the term. There are no state-wide rent control laws in Pennsylvania, but rent increases cannot be retaliatory or discriminatory. Some municipalities may have additional notice requirements or rent control ordinances. Philadelphia, for example, has specific regulations regarding rent increases for certain properties.
Under Pennsylvania law, tenants have the right to: 1) A habitable living space, 2) Written notice to landlord of needed repairs, 3) Reasonable time for landlord to make repairs. If the landlord fails to make necessary repairs, tenants may: 1) Repair and deduct costs from rent (with proper documentation), 2) Withhold rent until repairs are made (must place rent in escrow), 3) Terminate the lease if conditions are severely inadequate. The warranty of habitability is implied in every residential lease. Tenants should document all repair requests and maintain records of landlord communications.
Pennsylvania law requires working smoke detectors in all rental properties. Requirements include: 1) One detector on every floor, including basements, 2) Detectors outside sleeping areas, 3) Detectors inside each bedroom, 4) Carbon monoxide detectors where required by local code. Landlords must ensure detectors are working at move-in, but tenants are responsible for battery replacement and testing during their tenancy. Tampering with smoke detectors is illegal and may result in fines or criminal charges. Local municipalities may have additional requirements.
Pennsylvania landlords must disclose: • Lead paint hazards (pre-1978 buildings) as required by federal law • Security deposit terms and banking information • Property manager/owner contact information • Utility arrangements and responsibilities • Known defects or damage • Move-in inspection results • Building code violations • Smoke and carbon monoxide detector locations • Environmental hazards • Flood plain status (if applicable) • History of methamphetamine production (if applicable) • Bed bug infestations within previous 120 days • Certificate of Rental Suitability (Philadelphia only)
Pennsylvania landlords can deduct from security deposits for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Breach of lease terms. Landlords must provide an itemized list of deductions within 30 days of lease termination. Security deposits must be returned within 30 days of move-out, minus any legitimate deductions. Tenants should document the unit's condition at move-in and move-out with photos and a written inventory. If landlords fail to follow these requirements, they may be liable for double the deposit amount plus legal fees.
Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.