Tenant Rights

Tenants in Pennsylvania are entitled to:

• Safe and habitable housing: Landlords must ensure that rental units meet basic structural, health, and safety standards.

• Privacy: Landlords must give reasonable notice (typically 24 hours) before entering the property, except in emergencies.

• Protection from retaliation: A landlord cannot retaliate (e.g., increase rent, reduce services) for a tenant asserting legal rights or reporting housing code violations.

Landlord Rights

Pennsylvania landlords have the right to:

• Receive timely rent payments.

• Collect a security deposit, subject to state-imposed limits and rules.

• Access the property with proper notice.

• Pursue eviction through legal channels if tenants violate lease terms.

Shared Responsibilities

Both parties must:

• Abide by the lease agreement.

• Respect each other’s rights under Pennsylvania law.

• Communicate in writing when resolving issues like repairs or lease modifications.

Compliance with Fair Housing Laws in Pennsylvania

Pennsylvania landlords must comply with federal and state Fair Housing laws, which prohibit discrimination based on:

• Race or color

• National origin

• Religion

• Sex

• Familial status

• Disability

Under the Pennsylvania Human Relations Act (PHRA), additional protections include:

• Age

• Ancestry

• Use of a guide or support animal

Landlords must treat all applicants equally and avoid discriminatory advertising, screening practices, or lease terms. Reasonable accommodations must be made for tenants with disabilities, such as allowing service animals in pet-restricted housing.

Violations can lead to complaints filed with the Pennsylvania Human Relations Commission (PHRC) or the U.S. Department of Housing and Urban Development (HUD).

Security Deposits in Pennsylvania

Pennsylvania imposes specific regulations on security deposits, ensuring transparency and fairness for both parties.

Deposit Limits

• First year of tenancy: Landlords may charge no more than two months’ rent as a security deposit.

• Second year and beyond: The deposit must be reduced to one month’s rent.

• After five years, landlords must not increase the deposit even if rent increases.

Handling and Return

• Deposits exceeding $100 must be placed in a federally or state-regulated financial institution.

• After two years, tenants are entitled to interest payments on their deposit.

• Landlords must return the deposit within 30 days of lease termination, along with an itemized list of deductions (if any).

• Failure to return the deposit may entitle the tenant to twice the amount wrongfully withheld.

 

Maintenance Responsibilities of Landlords in Pennsylvania

Landlords are legally obligated to maintain the rental property in good, safe, and habitable condition.

 

Minimum Requirements

• Structural integrity: No leaks, crumbling walls, or dangerous flooring.

• Working plumbing and heating systems.

• Safe electrical wiring and lighting.

• Proper ventilation and windows.

• Pest control where infestations are not caused by the tenant.

 

Tenant Remedies

If a landlord fails to make necessary repairs, tenants may:

• File a complaint with local housing authorities.

• Withhold rent (in certain municipalities).

• Pay for the repair and deduct the cost from rent (must follow legal procedures).

• Seek termination of the lease or legal damages in court.

It’s important for both parties to document repair requests and responses in writing to avoid disputes.

 

Eviction Procedures for Pennsylvania Landlords

Eviction in Pennsylvania is regulated by state statutes and must go through the court system. Landlords may not engage in “self-help” eviction actions like changing locks or removing tenant belongings.

Legal Reasons for Eviction

• Nonpayment of rent.

• Violation of lease terms.

• Holdover tenancy (refusal to vacate after lease expiration).

• Illegal activity on the premises.

Eviction Process

1. Notice to Quit:

   • 10 days for nonpayment of rent.

   • 15–30 days for lease violations, depending on the lease duration.

   • No notice required if the lease has expired and no new term has been agreed upon.

2. Filing for Eviction:
   If the tenant does not vacate, the landlord must file a complaint with the Magisterial District Court.

3. Court Hearing & Judgment:
   The tenant may defend against the eviction. If the court rules in favor of the landlord, a court order for possession is issued.

4. Enforcement:
   If the tenant remains, a sheriff or constable enforces the eviction. Landlords cannot remove tenants themselves.

Illegal Evictions

Any eviction conducted without court approval is illegal and may expose the landlord to civil liability.

 

Conclusion

Understanding Pennsylvania landlord-tenant laws is critical for fostering respectful and lawful rental relationships. Whether dealing with security deposits, maintenance requests, or eviction notices, landlords and tenants alike should stay informed and act within their legal rights. Staying compliant with fair housing regulations and maintaining proper documentation can prevent costly disputes and promote housing stability.