Pennsylvania Residential Lease Agreement

Introduction

This comprehensive guide covers Pennsylvania residential lease requirements, including mandatory disclosures, security deposit regulations, rent payment terms, landlord entry rights, eviction procedures, and lease termination rules. All requirements are based on Pennsylvania statutes and case law, with citations to official government sources for verification.

Section 1: Required Disclosures

Lead-Based Paint Disclosure

Federal law mandates that landlords distribute a lead-based paint disclosure to tenants if the residential property was constructed prior to 1978. ^[1] This disclosure requirement applies to all target housing, defined as any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any child under 6 years of age resides or is expected to reside in such housing) or any zero-bedroom dwelling. ^[1]

Lessors must disclose the presence of any known lead-based paint and/or lead-based paint hazards in the dwelling before renting pre-1978 housing. Additionally, lessees must receive a federally approved pamphlet on lead poisoning prevention. ^[1]

Bedbug Disclosure (philadelphia Only)

In Philadelphia, landlords must include acknowledgment of bedbug responsibilities in lease agreements and provide tenants with an informational brochure. Philadelphia landlords must provide written disclosure of the bedbug infestation and remediation history for the previous 120 days, or disclose if there is no history of infestation. ^[2] This requirement is specific to Philadelphia's municipal code and does not apply statewide.

Security Deposit Bank Information

Tenants who pay security deposits must be notified of the name and address of the bank where the monies are being held. This notification requirement ensures transparency and allows tenants to verify that deposits exceeding $100 are properly held in escrow accounts as required by Pennsylvania law. ^[3]

Section 2: Security Deposits

Maximum Security Deposit Amounts

Pennsylvania law establishes strict limits on security deposit amounts. No landlord may require a sum in excess of two months' rent to be deposited in escrow for damages to the leasehold premises and/or default in rent during the first year of any lease. ^[3]

During the second and subsequent years of the lease or during any renewal of the original lease, the amount required to be deposited may not exceed one month's rent. ^[3] This reduction in the maximum security deposit amount after the first year is mandatory and cannot be waived by contract.

Importantly, whenever a tenant has been in possession of premises for a period of five years or greater, any increase or increases in rent shall not require a concomitant increase in any security deposit. ^[3] This provision protects long-term tenants from being required to increase their security deposits when rent increases.

Escrow Account Requirements

Security deposits exceeding $100 must be held in an escrow account in a federally or state-regulated financial institution. ^[3] This requirement ensures that tenant deposits are properly safeguarded and not commingled with the landlord's operating funds.

Interest on Security Deposits

Tenants are entitled to interest earned on their security deposits, subject to specific conditions. Deposits exceeding $100 and held for more than two years must be placed in an interest-bearing escrow account. ^[3]

For deposits held over two years, landlords must pay interest to tenants annually. Landlords may retain 1% of the interest annually as an administrative fee. ^[3] Interest payments must be made beginning after the third year of tenancy and annually thereafter.

Return of Security Deposits

Pennsylvania landlords must return the security deposit to the tenant within 30 days after the tenancy ends or the tenant vacates the property. ^[4] This 30-day timeline is mandatory and begins when the lease terminates or the tenant surrenders the premises, whichever occurs first.

If the landlord must deduct from the deposit due to property damage, they must send an itemized list of deductions in written format to the tenant when returning the remaining deposit. This list must include each specific charge, the reason for the deduction, and the applicable receipt. ^[4]

Penalties for Non-Compliance

Pennsylvania law imposes substantial penalties on landlords who fail to comply with security deposit requirements. If the landlord fails to pay the tenant the difference between the sum deposited and the actual damages within thirty days after termination of the lease, the landlord shall be liable to double the amount by which the sum deposited exceeds the actual damages. ^[4]

Additionally, any landlord who fails to provide a written list within thirty days shall forfeit all rights to withhold any portion of sums held in escrow, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises. ^[4] This forfeiture provision means that landlords who miss the 30-day deadline lose the right to make any deductions whatsoever, even for legitimate damages.

Tenants can file a claim in court for up to twice the amount due, and can sue for a maximum amount of $12,000 in Small Claims Court. ^[4] These enforcement mechanisms provide tenants with practical remedies when landlords violate security deposit laws.

Non-Waivability of Deposit Rights

Section 3: Rent Payment Terms

Grace Period for Rent Payment

Pennsylvania law does not require landlords to provide a grace period before assessing late fees. There is no statutory grace period in Pennsylvania. If rent is not paid on the due date established in the lease agreement, the landlord can send a 10-day notice to quit for non-payment. ^[5] However, landlords may voluntarily provide a grace period in the lease agreement.

Notice for Non-Payment of Rent

For nonpayment of rent evictions in Pennsylvania, the landlord must give a 10-day notice to quit, as governed by the Landlord and Tenant Act of 1951. ^[5] Pennsylvania law requires that the tenant be given 10 days from the date of service of the Notice to Quit to either pay the rent due or move out of the property.

The notice must be in writing and inform the tenant that they have ten days to pay the delinquent rent or vacate the property. The notice must specify the amount of rent due, the date on which it was due, and the date of the notice. The landlord is not required to give the tenant any extra time to pay the rent beyond this 10-day period. ^[5]

It is important to note that the Landlord/Tenant Act allows the notice requirements to be changed or waived completely if the landlord and tenant agree to do so in a written lease. Therefore, lease terms may modify these statutory requirements. ^[5]

Section 4: Landlord's Right to Enter

Statutory Framework

Common Law Standards

Under common law, Pennsylvania landlords have the right to enter rental property at any time, unless terms in the lease say otherwise. However, if terms of access are not specified in the lease, the landlord can enter for purposes reasonably related to the tenancy. ^[6]

Tenants must provide "reasonable access for the landlord to do maintenance, repairs, and property showings." While the statute does not define "reasonable" or address circumstances allowing entry without notice, this requirement is balanced against the covenant of quiet enjoyment. ^[6]

Covenant of Quiet Enjoyment

Each lease is required by law to carry a provision called the "covenant of quiet enjoyment," which generally means the landlord cannot do or allow anything to disturb the tenant's occupancy. ^[6] This covenant provides some protection against excessive or unreasonable landlord entries.

Best Practices for Notice

While not legally required, landlords should give tenants at least 24-hour notice of entry to the property, which is generally deemed a reasonable notice of entry. Reasonable time is considered to be between the hours of 9 to 5 Monday through Friday, weekends and holidays excluded. ^[6]

If there is a fire, water damage, or other emergency or threat requiring immediate access, the landlord has both the right and obligation to immediate access without prior notice. ^[6]

Section 5: Warranty of Habitability

Legal Foundation

In 1979, the Pennsylvania Supreme Court ruled in Pugh v. Holmes that landlords have a legal duty to provide tenants a living space that is safe, sanitary and reasonably comfortable, called the "warranty of habitability," which cannot be waived in a lease. ^[7] This landmark case established that Pennsylvania landlords' obligations for providing a habitable living space are primarily governed by case law.

Covered Conditions

The warranty of habitability only covers serious problems such as:

• Lack of adequate heat in the winter or ability to cool the property in the summer
• Inadequate or unsafe electrical service
• Lack of drinkable water
• Malfunctioning sewage system
• Serious leaks or other structural problems resulting in unsafe, unsanitary conditions or vermin infestation

These conditions are referenced in ^[7] and represent the types of serious habitability issues that trigger tenant remedies.

Tenant Remedies

The warranty of habitability gives tenants three options if the landlord fails to make necessary repairs after proper notice:

End the Lease and Move With No Further Duty to Pay Rent

Make the Repairs Themselves and Deduct the Cost From Future Rent

Withhold All or Part of the Rent Until the Landlord Fixes the Problem

These remedies are established in ^[7] and provide tenants with practical options for addressing serious habitability issues.

Rent Withholding Procedures

Under Pennsylvania law, tenants may withhold rent if they can prove the dwelling unit is not habitable and have taken the proper steps of informing the landlord of the problem and giving the landlord a reasonable amount of time to fix the defect. ^[7]

The City Rent Withholding Act allows a tenant to legally withhold rent if their apartment is "certified to be unfit for human habitation." ^[8] This certification typically requires inspection by local code enforcement or health authorities.

Anti-Retaliation Protections

Pennsylvania law prohibits landlord retaliation against tenants who exercise their rights under the warranty of habitability. This protection is codified at 68 Pa. Cons. Stat. Ann. §§ 250.205 and 399.11. ^[9] Landlords cannot evict, increase rent, or decrease services in retaliation for tenants reporting code violations or exercising their legal rights.

Section 6: Lease Termination

Month-To-Month Tenancies

Pennsylvania requires specific notice periods for terminating month-to-month leases, which depend on the length of the tenancy. For terminating a month-to-month tenancy where the tenant has resided on the property for under one year, 15 days' notice to vacate is required. For tenants who have resided on the property for one year or more, 30 days' notice to vacate is required. ^[10]

This requirement is governed by Pennsylvania's Landlord and Tenant Act of 1951, 68 P.S. § 250.501. ^[10] The notice period applies to both landlord-initiated and tenant-initiated terminations of month-to-month leases.

Fixed-Term Leases

For terminating a fixed-term tenancy of a year or more for end of term or other breach, 30 days' notice is required. ^[10] This notice requirement applies when either party wishes to terminate at the end of the lease term or when the tenant has committed a lease violation other than non-payment of rent.

Notice Format and Delivery

All termination notices must be in writing and properly served on the other party. The notice must be given to the recipient in person or by posting on the door of the residence. ^[10] Proper service is essential for the notice to be legally effective.

Section 7: Additional Considerations

Mold and Radon

Pennsylvania does not currently have any specific statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants. Pennsylvania doesn't have any laws that specifically address a landlord's duties or liability when it comes to mold prevention and remediation. ^[11]

Similarly, Pennsylvania does not have specific radon disclosure requirements for landlords, unlike states such as Colorado, Florida, and Maine. ^[11] However, landlords remain bound by the implied warranty of habitability, which requires that tenants be provided with apartments in a livable or habitable condition.

Lease Agreement Templates

Pennsylvania landlords and tenants can utilize various lease templates including standard residential, commercial, month-to-month, rent-to-own, roommate, and sublease agreements. These templates are widely available in PDF, Word, and OpenDocument formats to accommodate different leasing scenarios and preferences.