State rental laws and regulations
Rental laws vary from state to state, so learn and follow your state laws. We have a comprehensive guide on landlord and renter state laws and regulations in all 50 states.
State Laws & Regulations
State Laws & Regulations
Pennsylvania
Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the rental laws in Pennsylvania handle everything from security deposits to termination notices so you can navigate these with ease.
This article is not intended to be exhaustive or a substitute for qualified legal advice. Pennsylvania rental laws and statutes are always subject to change and may vary by county or city. You are responsible for performing your own research and complying with all Pennsylvania laws applicable to your unique situation.
If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in Pennsylvania. The Pennsylvania state bar association may have a referral service that can help you find a lawyer with experience in PA landlord-tenant law.
Official Pennsylvania Rental Rules, Regulations & Guides
- 68 Pa. Cons. Stat. Ann. §§ 250.101 – 250.602 – Landlord and Tenant Act of 1951 (PDF)
- Act of Jul. 5, 2012, P.L. 1091, No. 129 – Amendment to Landlord and Tenant Act of 1951
- Title 68 – Real and Personal Property
- Tenant’s Rights – University of Pittsburgh
- City of Philadelphia--Tenant/Landlord
Pennsylvania Security Deposit Laws:
- Security Deposit Maximum: Two months’ rent during the first year of renting, and one months’ rent during any subsequent years (68 P.S. §§ 250.511a).
- Deadline for Returning Security Deposit: 30 days of termination of a lease or upon surrender and acceptance of the premises, whichever first occurs. (68 P.S. §§ 250.512)
- Security Deposit Interest: The tenant is entitled to interest after the second anniversary of giving a deposit. The landlord shall be entitled to receive as administrative expenses, a sum equivalent to one per cent per annum upon the security money so deposited, paid to the tenant annually upon the anniversary date (3rd year) of the commencement of his lease (68 P.S. §§ 250.511b(b)).
- Separate Security Deposit Bank Account: Required (68 P.S. §§ 250.511b).
- Funds held for more than two years and funds over $100 must be deposited in an escrow account federally or state-regulated institution.
- The landlord must notify the tenants in writing the name and address of the banking institution in which such deposits are held, as well as the amount of each deposit.
- Nonrefundable Fees: No statute.
- Application Fees: No statute.
- Non-refundable or Additional Fees: No statute.
- Itemized List of Move-Out Damages and Charges: Within 30 days, landlord shall provide a tenant with a written list of any damages for which the landlord claims the tenant is liable, along with a refund of all remaining deposit funds. ( 68 P.S. §§ 250.512)
- Record Keeping of Deposit Withholdings: No statute.
- Failure to Comply:
- Any landlord who fails to provide a written list within thirty days, the landlord shall forfeit all rights to withhold any portion of the deposit, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises (68 P.S. §§ 250.512(b)).
- If the landlord fails to return the remaining deposit, after withholdings, within 30 days, the landlord may be liable for double the deposit amount plus interest (68 P.S. §§ 250.512(c)).
Pennsylvania Lease, Rent & Fees:
- When Rent Is Due: No statute.
- Rent Increase Notice: No statute.
- Rent Grace Period: No statute.
- Late Fees: No statute.
- Prepaid Rent: A landlord is only allowed to collect up to two months’ rent for escrow purposes, one months’ rent during any subsequent years (68 P.S. §§250.511a).
- Returned Check Fees: Allowed, but it shall not exceed $50 unless the landlord is charged fees in excess of $50 by financial institutions, upon which the landlord can charge the actual amount of the fees.
- Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, when a government agency or department certifies that a dwelling is uninhabitable, the tenant can elect to deposit rent into an escrow account rather than pay the landlord directly (68 P.S. §§ 250.206).
- Tenant Allowed to Repair and Deduct Rent: No statute.
- Landlord Allowed to Recover Court and Attorney Fees: No statute.
- Landlord Must Make a Reasonable Attempt to Mitigate Damages Caused by Leasee: No statute.
- Abandonment of Personal Property: (Act of Jul. 5, 2012, P.L. 1091, No. 129)
- The landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. The tenant then has ten days from the date of postmark of the notice to contact the landlord.
- If the tenant does contact with landlord within the ten day period, the landlord must allow the tenant a total of thirty days (the first ten plus twenty more) to get the items. After the first ten days, the landlord may move the items to another location and charge the tenant for storage.
- If the tenant does not contact the landlord within ten days, the landlord may dispose of the items and have no further responsibility for them.
- The law applies when either (1) the landlord has received a judgment in an eviction case and has executed an order for possession, or (2) the tenant has given written notice that he has left the home.
Pennsylvania Rental Notices & Entry:
- Notice to Terminate Tenancy – A year or less or for an indeterminate time: 15 days (68 P.S. §§ 250.501(b)).
- Notice to Terminate Tenancy – More than a year: 30 days (68 P.S. §§ 250.501(b)).
- Notice to Terminate Tenancy – Month-to-Month Lease: 15 days (68 P.S. §§ 250.501(b)).
- Notice of Date/Time of Move-Out Inspection: No statute.
- Notice of Termination of a Lease for Nonpayment: 10 Days (68 P.S. §§ 250.501(b))
- Termination for Lease Violation: No statute.
- Required Notice before Entry: No exact amount of time is specified, but generally 24 hours is recommended.
- Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute.
- Entry Allowed with Notice for Showings: No statute.
- Emergency Entry Allowed without Notice: No statute.
- Entry Allowed During Tenant’s Extended Absence: No statute.
- Notice to Tenants for Pesticide Use: No statute
- Lockouts Allowed: No statute, but very few states allows this.
- Utility Shut-offs Allowed: No statute, but very states allows this.
Pennsylvania Rental Disclosures & Miscellaneous Notes:
- Names and Addresses: No statute.
- Copy of the Lease: No statute.
- Domestic Violence Situations: No statute.
- Retaliation: A landlord must not terminate, refuse to renew a lease, or fine a tenant for being involved in a tenant’s organization (68 P.S. §§ 250.205).
- Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet (PDF) on lead-based paint hazards.
Court & Legal Related:
- Pennsylvania Small Claims Court Limits: $12,000 for small claims. Philadelphia which has no dollar limit for landlord-tenant cases (42 P.S. §§ 1123 and §§ 1515).
- Eviction Cases Allowed in Small Claims: Yes.
- The Unified Judicial System of Pennsylvania
- Pennsylvania Attorney General
- Small Claims:
- Bar Associations
- Legal Aid
Pennsylvania Business Licenses:
- Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
- Philadelphia Housing Rental License
- Pittsburgh Bureau of Building Inspection
Helpful Links
Pennsylvania State Agencies & Regulatory Bodies
- U.S. Department of Housing and Urban Development – Pennsylvania
- Housing--Pennsylvania Department of Human Services
- Pennsylvania Human Relations Commission
- Pennsylvania Insurance Department
- Pennsylvania Guide to Homeowners Insurance (PDF)
- Pennsylvania Bureau of Consumer Protection
- Pennsylvania State Real Estate Commission
Pennsylvania Housing Authorities
- The Pennsylvania Association of Housing & Redevelopment Agencies
- Allegheny County Housing Authority
- Bethlehem Housing Authority
- Housing Authority of the County of Butler
- Housing Authority of the County of Chester
- Housing Authority of Cumberland County
- Housing Authority of the City of Erie
- Housing Authority of the City of Franklin
- Lackawanna County Housing Authority
- Lancaster City Housing Authority
- Lawrence County Housing Authority
- Lebanon County Housing Authority
- Mercer County Housing Authority
- Montgomery County Housing Authority
- Housing Authority of Northumberland County
- Philadelphia Housing Authority
- Housing Authority City of Pittsburgh
- Housing Authority of The City of Pottsville
- Union County Housing Authority
- Washington County Housing Authority
Pennsylvania Realtor, Landlord, and Tenant Associations
- Pennsylvania Realtor Associations
- Pennsylvania Landlord Associations
- Pennsylvania Tenant and Affordable Housing Organizations
State Rental Laws Neighboring Pennsylvania
State Laws and Regulations
Rental laws vary from state to state. Select your state to learn more.