PA
Pennsylvania Landlord-Tenant Laws
Security Deposit Return Timeline
68 Pa. Stat. § 250.512(a)
⏰ Timeline
30 days after lease termination or tenant vacates, whichever occurs first
✅ Key Requirements
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- Landlord must return deposit OR provide itemized list within 30 days
- Timeline starts at lease termination or when tenant vacates, whichever is first
- Itemized list must detail all damages claimed
- Payment of remaining deposit must accompany the itemized list
- Tenant must provide landlord with forwarding address in writing
- +2 more requirements
Security Deposit Amount Limits
68 Pa. Stat. § 250.511a
⏰ Timeline
Limits apply at lease signing and must be reduced after first year
✅ Key Requirements
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- First year maximum: 2 months' rent
- Second year onward maximum: 1 month's rent
- Landlord must return excess over 1 month's rent on first lease anniversary
- After 5 years of continuous tenancy, deposit cannot be raised even if rent increases
- Last month's rent counts toward the security deposit cap
- +2 more requirements
Security Deposit Storage Requirements
68 Pa. Stat. § 250.511b
⏰ Timeline
Within 30 days of receiving deposit; interest starts after 2 years
✅ Key Requirements
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- Deposits over $100 must be held in escrow or as bond
- Must be held at institution regulated by Federal Reserve Board, Federal Home Loan Bank Board, Comptroller of Currency, or PA Department of Banking
- Landlord must notify tenant in writing of bank name, address, and deposit amount within 30 days
- After lease is renewed beyond first 2 years, deposit must be in interest-bearing account
- Tenant entitled to interest accrued, paid annually on lease anniversary
- +2 more requirements
Permitted Security Deposit Deductions
68 Pa. Stat. § 250.512(a)
⏰ Timeline
Itemized list must be provided within 30 days
✅ Key Requirements
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- Landlord may deduct for unpaid rent
- Landlord may deduct for damages beyond normal wear and tear
- Landlord may deduct for unpaid utilities if provided in lease
- Landlord may deduct for costs associated with lease violations
- CANNOT deduct for normal wear and tear (faded paint, worn carpets, small scuffs)
- +3 more requirements
Security Deposit Wrongful Withholding Penalties
68 Pa. Stat. § 250.512(c)
⏰ Timeline
30-day deadline is critical to avoid liability
✅ Key Requirements
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- Tenant can sue for double the amount wrongfully withheld
- Tenant may recover reasonable attorney's fees and court costs
- Landlord who misses 30-day deadline forfeits ALL rights to deposit
- Landlord cannot sue tenant for damages if deadline missed
- Small Claims Court (Magisterial District Court) has jurisdiction up to $12,000
- +2 more requirements
Eviction Notice for Nonpayment of Rent
68 Pa. Stat. § 250.501(b)
⏰ Timeline
10 days notice required for nonpayment of rent
✅ Key Requirements
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- Landlord must provide 10-day written Notice to Quit for nonpayment of rent
- Notice must specify amount of rent due
- Notice must state tenant has 10 days to pay rent or vacate
- Notice can be posted on property, hand-delivered, or sent certified mail with return receipt
- Regular mail alone is NOT sufficient
- +2 more requirements
Eviction Notice for Lease Violations
68 Pa. Stat. § 250.501(b)
⏰ Timeline
15 or 30 days notice depending on lease term
✅ Key Requirements
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- For leases under 1 year: 15-day Notice to Quit required
- For leases over 1 year: 30-day Notice to Quit required
- Notice must state specific lease violation
- Landlord is NOT required to give tenant opportunity to cure violation (though common practice)
- Lease may specify shorter notice periods
- +2 more requirements
Eviction for Illegal Drug Activity
68 Pa. Stat. § 250.505-A
⏰ Timeline
10 days notice, no opportunity to cure
✅ Key Requirements
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- 10-day Unconditional Notice to Quit for drug-related violations
- Applies to illegal sale, manufacture, or distribution under PA Controlled Substance Act
- Applies to seizure of illegal drugs by law enforcement on premises
- NO opportunity to cure - tenant must vacate
- First conviction is sufficient for termination
- +2 more requirements
Eviction Court Process
68 Pa. Stat. § 250.501
⏰ Timeline
7-15 days from filing complaint to hearing; possession within 10 days of judgment
✅ Key Requirements
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- Step 1: Serve proper Notice to Quit (10, 15, or 30 days depending on reason)
- Step 2: File Landlord/Tenant Complaint with Magisterial District Court
- Step 3: Court schedules hearing within 7-15 days of filing
- Step 4: Both parties appear at hearing to present evidence
- Step 5: Judge issues Notice of Judgment within 3 days of hearing
- +4 more requirements
Implied Warranty of Habitability
Pugh v. Holmes, 486 Pa. 272 (1979)
⏰ Timeline
Landlord must repair within reasonable time after notice from tenant
✅ Key Requirements
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- Applies to ALL residential leases, whether oral or written
- Cannot be waived - even 'as is' leases include this warranty
- Landlord must provide safe, sanitary, and habitable premises
- Covers serious defects: lack of heat/water, major electrical/plumbing issues, structural defects, pest infestation
- Does NOT cover cosmetic issues (faded paint, worn but usable carpets/fixtures)
- +3 more requirements
Tenant Right to Repair and Deduct
Pugh v. Holmes, 486 Pa. 272 (1979)
⏰ Timeline
After giving written notice and reasonable time to landlord
✅ Key Requirements
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- Tenant must notify landlord in writing of needed repair
- Tenant must give landlord reasonable time to make repair
- Repair must fix serious defect affecting habitability (not cosmetic)
- Repairs must cost less than total remaining rent on lease
- Tenant should obtain multiple estimates before hiring repair person
- +4 more requirements
Landlord Right of Entry
Common Law / Lease Agreement
⏰ Timeline
Best practice: 24-48 hours advance notice for non-emergency entry
✅ Key Requirements
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- NO state law requiring advance notice - governed by lease terms
- If lease is silent, landlord may enter for reasonable purposes at reasonable times
- Best practice: provide 24-48 hours written notice
- Reasonable purposes: repairs, inspections, showing property to prospective tenants/buyers
- Emergency entry (fire, flood, gas leak) requires no advance notice
- +3 more requirements
Lease Agreement Requirements
68 Pa. Stat. § 250.201-202
⏰ Timeline
Written lease required only for terms exceeding 3 years
✅ Key Requirements
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- Leases 3 years or less: may be oral or written
- Leases over 3 years: MUST be in writing and signed, or deemed lease-at-will
- Written lease strongly recommended for all terms for documentation
- Lease should include: names, property address, term, rent amount, due date, deposit amount
- Lease should specify: utilities, maintenance responsibilities, pet policy, entry notice
- +3 more requirements
Lease Termination Notice Requirements
68 Pa. Stat. § 250.501(b)
⏰ Timeline
15 or 30 days depending on lease term
✅ Key Requirements
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- Leases under 1 year (including month-to-month): 15 days notice to terminate
- Leases of 1 year or more: 30 days notice to terminate
- Notice must be in writing
- Notice period begins from date of service, not from month's end
- Either party may give notice (landlord or tenant)
- +3 more requirements
Rent Increase Notice Requirements
No State Statute / Philadelphia Code § 9-804
⏰ Timeline
Best practice: 30-60 days notice; Philadelphia: 60 days for year+ leases
✅ Key Requirements
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- NO state limit on rent increase amount - landlord may raise rent by any amount
- Rent increase ONLY permitted between lease terms, not during fixed-term lease
- Best practice: provide 30-60 days written notice before lease renewal
- PHILADELPHIA SPECIFIC: 60 days notice for leases 1 year+; 30 days for shorter leases
- Notice must include new rent amount, increase amount, and effective date
- +3 more requirements
No Rent Control in Pennsylvania
68 Pa. Cons. Stat. § 250.511
⏰ Timeline
N/A
✅ Key Requirements
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- Pennsylvania has NO statewide rent control
- State law prohibits cities/counties from enacting local rent control
- Landlords may charge market-rate rent without caps
- Landlords may raise rent by any amount between lease terms
- Only limits: rent increase cannot be discriminatory or retaliatory
- +2 more requirements
Prohibition on Self-Help Evictions
68 Pa. Stat. § 250.501 / Common Law
⏰ Timeline
Landlord must obtain court order and use constable/sheriff for lawful eviction
✅ Key Requirements
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- Landlord CANNOT change locks or lockout tenant without court order
- Landlord CANNOT shut off utilities (water, electric, heat, gas)
- Landlord CANNOT remove tenant's belongings
- Landlord CANNOT physically remove or threaten tenant
- Landlord CANNOT enter and remove property without tenant consent
- +3 more requirements
Fair Housing and Discrimination Protections
Federal Fair Housing Act / PA Human Relations Act 43 P.S. § 955
⏰ Timeline
Discrimination complaints must be filed within 180 days (federal) or 2 years (state)
✅ Key Requirements
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- Protected classes FEDERAL: race, color, religion, national origin, sex, familial status, disability
- Protected classes PA: adds age, ancestry
- Protected classes PHILADELPHIA/PITTSBURGH: add sexual orientation, gender identity/expression
- Landlord cannot refuse to rent based on protected class
- Landlord cannot advertise preferences based on protected class
- +3 more requirements
Protection Against Retaliation
35 P.S. § 1700-1(e) / Philadelphia Code § 9-809
⏰ Timeline
6-month presumption period after tenant exercises rights
✅ Key Requirements
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- Landlord cannot retaliate against tenant for exercising legal rights
- Protected activities: paying to restore utilities, reporting code violations, joining tenant organization
- Rebuttable presumption: any adverse action within 6 months of protected activity is presumed retaliatory
- Retaliatory actions include: eviction, rent increase, decrease in services, threats
- Philadelphia adds protections for: code complaints, tenant organization participation, domestic violence victims
- +2 more requirements
Abandoned Tenant Personal Property
68 Pa. Stat. § 250.505(d)
⏰ Timeline
Tenant: 10 days to notify; Landlord: 30 days to allow retrieval
✅ Key Requirements
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- After eviction, tenant has 10 days to notify landlord of intent to retrieve property
- If tenant provides notice, landlord must allow access for 30 days from eviction
- Landlord may set reasonable times for retrieval
- If no notice within 10 days, landlord may dispose of property
- Landlord cannot hold property hostage for unpaid rent
- +2 more requirements
Late Fees and Rent Payment
No State Statute / 18 Pa. C.S. § 4105
⏰ Timeline
Late fees apply per lease terms; no statutory grace period
✅ Key Requirements
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- NO state law limiting late fee amounts
- Late fees must be specified in written lease agreement
- Late fees must be reasonable (courts may invalidate excessive fees)
- NO statutory grace period - rent due on date specified in lease
- Common practice: 5-day grace period, then late fee (but not required)
- +3 more requirements
Rent Withholding for Uninhabitable Conditions
35 P.S. § 1700-1 / Pugh v. Holmes
⏰ Timeline
After written notice and reasonable time for landlord to repair
✅ Key Requirements
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- Tenant must notify landlord in writing of defects
- Tenant must give landlord reasonable time to repair
- Defect must be serious enough to affect habitability
- Under Rent Withholding Act: municipality must certify premises as unfit
- Under implied warranty: tenant may withhold without certification if defects are serious
- +4 more requirements
Philadelphia Rent Increase Requirements
Philadelphia Code § 9-804
⏰ Timeline
60 days for year+ leases; 30 days for shorter leases
✅ Key Requirements
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- PHILADELPHIA ONLY - stricter than state law
- Leases 1 year or more: 60 days written notice required
- Leases under 1 year: 30 days written notice required
- Notice must include: new rent amount, increase amount, effective date
- Notice must be hand-delivered or sent first-class mail with proof
- +3 more requirements
Philadelphia Fair Practices Ordinance
Philadelphia Code § 9-1100
⏰ Timeline
N/A - applies throughout tenancy
✅ Key Requirements
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- PHILADELPHIA ONLY - broader protections than state/federal law
- Protected classes include: sexual orientation, gender identity, source of income, domestic violence victims
- Landlords cannot refuse to rent based on Section 8 vouchers (source of income)
- Additional requirements: smoking policy disclosure for multi-family housing
- Tenant screening must comply with Philadelphia Fair Chance Housing law
- +2 more requirements
Landlord Duty to Maintain and Repair
68 Pa. Stat. § 250.502-A / Pugh v. Holmes
⏰ Timeline
Repairs must be made within reasonable time after notice
✅ Key Requirements
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- Landlord must maintain safe and habitable conditions throughout tenancy
- Landlord must comply with local building and housing codes affecting health/safety
- Landlord must provide adequate heat in winter (often 68°F minimum per local codes)
- Landlord must maintain plumbing, electrical, structural integrity
- Landlord must provide running water and working sewage system
- +4 more requirements
Tenant Right to Quiet Enjoyment
Common Law
⏰ Timeline
Continuous throughout tenancy
✅ Key Requirements
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- Applies to all leases, whether oral or written
- Cannot be waived in lease agreement
- Tenant has right to peaceful possession without landlord interference
- Landlord cannot enter excessively or unreasonably
- Landlord cannot harass tenant or interfere with use of property
- +3 more requirements
Month-to-Month Tenancy Termination
68 Pa. Stat. § 250.501(b)
⏰ Timeline
15 days notice to terminate month-to-month tenancy
✅ Key Requirements
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- Either landlord or tenant may terminate month-to-month lease with 15 days notice
- Notice must be in writing
- Notice period begins from date of service, not from month's end
- No reason required to terminate month-to-month tenancy
- Rent is due for any partial month occupied
- +3 more requirements