Pennsylvania Landlord-Tenant Laws

Limits apply at lease signing and must be reduced after first year

• 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

Within 30 days of receiving deposit; interest starts after 2 years

• 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

30-day deadline is critical to avoid liability

• 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

10 days notice required for nonpayment of rent

• 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

10 days notice, no opportunity to cure

• 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

7-15 days from filing complaint to hearing; possession within 10 days of judgment

• 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
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After giving written notice and reasonable time to landlord

• 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
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Best practice: 24-48 hours advance notice for non-emergency entry

• 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
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15 or 30 days depending on lease term

• 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

Best practice: 30-60 days notice; Philadelphia: 60 days for year+ leases

• 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

Landlord must obtain court order and use constable/sheriff for lawful eviction

• 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
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Discrimination complaints must be filed within 180 days (federal) or 2 years (state)

• 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
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Tenant: 10 days to notify; Landlord: 30 days to allow retrieval

• 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 apply per lease terms; no statutory grace period

• 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

60 days for year+ leases; 30 days for shorter leases

• 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

N/A - applies throughout tenancy

• 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
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Continuous throughout tenancy

• 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

15 days notice to terminate month-to-month tenancy

• 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