PENNSYLVANIA STANDARD RESIDENTIAL LEASE AGREEMENT

Pennsylvania Standard Residential Lease Agreement

Introduction

A Pennsylvania standard residential lease agreement is a legally binding contract between a landlord (lessor) and tenant (lessee) that establishes the terms and conditions for renting residential property for a fixed period. This type of agreement typically covers a term of one year and governs the rights and obligations of both parties throughout the tenancy.

Pennsylvania residential lease agreements are governed by the Landlord and Tenant Act of 1951 (68 P.S. Sections 250.101-250.602), which establishes the legal framework for landlord-tenant relationships in the Commonwealth.^[1]

Legal Definition

Under Pennsylvania law, a residential lease agreement creates a leasehold estate, which grants the tenant exclusive possession of the premises for the lease term in exchange for rent payments. The agreement may be oral or written, though written agreements are strongly recommended for clarity and enforceability.

Key legal elements of a valid Pennsylvania residential lease include:

• Identification of parties: Full legal names and contact information of landlord(s) and tenant(s)
• Property description: Complete address and description of the leased premises
• Lease term: Start date, end date, and renewal provisions
• Rent amount and due date: Monthly rent, payment methods, and when payment is due
• Security deposit terms: Amount, conditions for deductions, and return procedures

Required Disclosures

Before signing a lease, Pennsylvania landlords must provide tenants with specific disclosures required by federal and state law.

Lead-Based Paint Disclosure (federal Requirement)

Properties built before January 1, 1978 may contain lead-based paint, which poses significant health risks, particularly to children under six years of age and pregnant women. Under federal law (42 U.S.C. Section 4852d), landlords of pre-1978 housing must:^[5]

***Provide the EPA-approved pamphlet ******"Protect Your Family From Lead in Your Home"*^[7]

***Disclose any known lead-based paint or hazards *****in the dwelling unit

***Provide copies of available lead inspection reports *****or risk assessments

***Include a Lead Warning Statement *****in the lease with signatures of all parties

***Retain signed documentation *****for at least three years from the commencement of the lease^[13]

Security Deposit Bank Information

When a landlord collects a security deposit, Pennsylvania law requires written notification to the tenant of the name and address of the financial institution where the deposit is held, along with the amount deposited.^[2]

Security Deposit Laws

Pennsylvania has comprehensive security deposit regulations under 68 P.S. Sections 250.511.1 and 250.512. These provisions protect tenants while allowing landlords reasonable security for potential damages.^[1]

Maximum Security Deposit Amounts

First Year of Tenancy: No landlord may require a security deposit exceeding two months' rent during the first year of any lease.^[1]

Second Year and Beyond: After the first year, the maximum security deposit is reduced to one month's rent. Any excess must be returned to the tenant.

Five Years or More: For tenants who have been in possession for five years or more, any rent increases do not permit the landlord to require additional security deposit increases.

Interest-Bearing Account Requirements

For deposits exceeding $100 held for more than two years, Pennsylvania law requires:^[2]

***Funds must be deposited in an interest-bearing escrow account *****at a federally regulated financial institution

***Interest must be paid annually to the tenant *****on the anniversary of the lease commencement date

***Landlord may retain 1% per annum *****as an administrative fee; the remainder belongs to the tenant

Return of Security Deposit

Landlords must return the security deposit within 30 days after the lease terminates or the tenant surrenders the premises, whichever occurs later.^[3]

If deductions are made, the landlord must provide an itemized list of damages with corresponding costs. Failure to comply within 30 days results in forfeiture of the right to withhold any portion of the deposit, and the tenant may recover double the deposit amount through legal action.^[15]

Rent Payment Laws

Grace Period

Pennsylvania law does not require landlords to provide a grace period before charging late fees. Unless the lease specifically provides for a grace period, rent is due on the date specified in the agreement, and late fees may be assessed immediately upon default.

Late Fees

Pennsylvania has no statutory maximum on late fees. However, courts may find excessive late fees unenforceable if deemed unconscionable. Best practice is to keep late fees reasonable, typically 5-10% of the monthly rent amount.

Nsf/bad Check Fees

Under the Pennsylvania Crimes Code, the maximum service charge a landlord may impose for a bad check is $50, unless the landlord's financial institution charges fees exceeding $50, in which case the actual bank fees may be recovered.^[4]

Landlord Obligations

Implied Warranty of Habitability

The warranty requires landlords to maintain:

Adequate heating, ventilation, and air conditioning systems

Safe and functional electrical systems

Potable water supply and proper sewage disposal

Structural integrity (roof, walls, floors, foundations)

Freedom from pest or rodent infestation

Working locks on doors and windows

Functional refrigeration (if landlord-provided)

Repair Responsibilities

When tenants report habitability issues, landlords must make repairs within a reasonable time. What constitutes 'reasonable' depends on the nature and severity of the problem. For example:

***Emergency repairs ******(no heat in winter, gas leak, flooding): 24 hours or less*

***Urgent repairs ******(broken plumbing, electrical issues): 2-3 days*

***Non-urgent repairs ******(cosmetic issues, minor maintenance): 1-2 weeks*

Entry Rights

Pennsylvania does not have a statewide statute governing landlord entry. However, tenants have a right to quiet enjoyment of the premises. Best practice is to provide at least 24 hours' notice before entry for non-emergency purposes such as inspections, repairs, or showing the unit to prospective tenants.

Tenant Rights and Remedies

Remedies for Habitability Violations

If a landlord fails to maintain habitable conditions after proper notice, Pennsylvania tenants have several potential remedies:

• Repair and Deduct: Make necessary repairs and deduct the cost from rent (with proper documentation)
• Rent Withholding: Deposit rent into an escrow account until repairs are made (typically through court-supervised process)
• Lease Termination: Vacate the premises and cancel the lease agreement without penalty
• Legal Action: Sue for damages, injunctive relief, or rent abatement

Anti-Retaliation Protections

Pennsylvania law prohibits landlord retaliation against tenants who exercise their legal rights, including:^[14]

Requesting repairs or reporting code violations

Joining or organizing a tenant association

Filing complaints with government agencies

Testifying in court proceedings against the landlord

*Retaliatory actions *(such as eviction, rent increases, or reduction of services) taken within a reasonable time after a tenant exercises these rights may be presumed retaliatory and are unenforceable.

Eviction Procedures

Pennsylvania landlords must follow strict legal procedures to evict a tenant. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal and can result in liability for damages.^[8]

Notice Requirements

Before filing for eviction, landlords must provide written notice:

• Nonpayment of Rent: 10-day notice to quit
• Lease Violation (1 year or less lease): 15-day notice to quit
• Lease Violation (over 1 year lease): 30-day notice to quit
• Illegal Activity: 10-day notice (unredeemable)

Court Eviction Process

After the notice period expires, landlords must:

File a Landlord/Tenant Complaint with the local Magisterial District Judge

A hearing is scheduled within 7-15 days of filing

If the judge rules for the landlord, the tenant has 10 days before an Order for Possession can be issued

Only a constable or sheriff may execute the physical eviction

Fair Housing Protections

Landlords in Pennsylvania must comply with both federal and state fair housing laws, which prohibit discrimination in housing-related transactions.[cite id="10"]^[11]

Protected Classes

Federal Fair Housing Act: Race, color, religion, national origin, sex, familial status (families with children under 18), and disability.^[11]

Pennsylvania Human Relations Act: Adds protections for age (40+), ancestry, and sexual orientation/gender identity (interpreted under 'sex').^[10]

Local Ordinances: Many Pennsylvania municipalities (including Philadelphia, Pittsburgh, Allentown, and others) provide additional protections. Check local laws for specific requirements.^[12]

Reasonable Accommodations

Landlords must make reasonable accommodations for tenants with disabilities, such as allowing service animals (even in no-pet properties), modifying policies or procedures, or permitting tenants to make reasonable physical modifications to units at their own expense.

Lease Termination and Renewal

End of Fixed-Term Lease

When a fixed-term lease expires, the tenancy typically converts to a month-to-month tenancy unless the lease provides otherwise or either party gives proper notice of non-renewal.

Notice for Month-To-Month Tenancy

Either party wishing to terminate a month-to-month tenancy should provide at least 30 days' written notice before the end of the rental period. Check your lease for specific notice requirements.

Early Termination

Tenants who break a lease early may be liable for rent through the end of the lease term. However, Pennsylvania landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit. Tenants remain responsible only for the time the unit is vacant plus any reasonable re-rental costs.

Special Considerations

Philadelphia-Specific Requirements

Philadelphia has additional landlord-tenant regulations, including:

Rental license requirements for all residential properties

Additional fair housing protections (source of income, domestic violence status)

Specific eviction procedures through the Municipal Court

Good Cause eviction protections for certain tenants

Utilities

The lease should clearly specify which party is responsible for each utility (electric, gas, water, sewer, trash). If the landlord pays utilities, the lease should indicate whether the cost is included in rent or billed separately.

Pets

Landlords may prohibit pets, restrict pet types or sizes, or charge a pet deposit. However, landlords cannot charge pet fees for service animals or emotional support animals, which are considered reasonable accommodations under fair housing law.