Under Pennsylvania law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Pennsylvania, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Pennsylvania’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating, in Winter | Only Heating, in Winter |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | Partially | Partially |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Not Usually |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords are required to make necessary repairs in a timely manner. In Pennsylvania, repairs must be made within a “reasonable” amount of time after getting notice from tenants, determined on a case by case basis. While written notice is always preferable, Pennsylvania permits verbal notice for repair requests, unlike most states. If repairs aren’t made in a timely manner, Pennsylvania tenants can sue for costs, or a court order to force the landlord to make repairs. They can also withhold rent (usually by paying into a court-approved escrow account) or make repairs and deduct from the rent. Read more
Pennsylvania landlords may evict tenants for the following reasons:
Landlords are prohibited from evicting tenants as a form of discrimination.
It’s illegal for Pennsylvania landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have recently paid to restore or maintain utilities.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Notice Requirements: Tenants who are on a periodic lease must give the following notice if they wish to break the lease:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 15 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 30 Days |
Early Termination: Tenants are legally allowed to break a lease for the following reasons:
If a Pennsylvania tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Pennsylvania does not have rent control and state law does not prohibit cities and towns from creating their own rent control laws.
Because Pennsylvania does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Pennsylvania state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Protected Groups: The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. These rules do not apply to owner-occupied homes or homes operated by religious organizations. Pennsylvania has state-level protection that prohibits discrimination based on age or pregnancy status.
Discriminatory Acts & Penalties: The Pennsylvania Human Rights Commission handles cases involving housing discrimination. The following behaviors have been highlighted as potentially discriminatory when directed at a member of a protected group:
Victims of housing discrimination can file a complaint on the Commission’s website. However, there are no specific details about the discrimination investigation process or applicable penalties. In general, landlord retaliation isn’t illegal in Pennsylvania outside of the specific regulations relating to housing discrimination.
In addition to having laws that address general issues like repairs and security deposits, most states, including Pennsylvania, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Pennsylvania does not have any laws regarding a landlord’s right to entry. As such, landlords are legally allowed to enter units at will for reasonable purposes, although most landlords and tenants have some kind of entry notification policy in the lease agreement. Notice usually isn’t required in an emergency situation.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $12,000. The process takes approximately one to two months.
Pennsylvania Small Claims Court (outside of Philadelphia) is a division of Magisterial District Court. Small Claims Court in Philadelphia is a division of Municipal Court.
Pennsylvania landlords who own units built before 1978 must provide info about concentrations of lead-based paint.
Pennsylvania law is not specific about tenants changing locks. Tenants are therefore allowed to change the locks, as long as this doesn’t prevent a landlord’s right to access the property for reasonable purposes (which means it’s usually reasonable for tenants to provide copies of keys, if they change a lock). Landlords are forbidden from unilaterally changing locks as a form of “self help” eviction.
Most landlord-tenant rights in Pennsylvania are not determined by statewide laws. Cities and counties have locally applicable codes which regulate landlord-tenant issues.
Philadelphia law includes some requirements for landlords and tenants that exceed state law such as a smoking policy disclosure requirement for multi-family housing, a notice period for rent increases, and tenant screening practices.
Pittsburgh and surrounding Allegheny County have ordinances that protect tenants from discrimination based on sexual orientation or gender identity/expression.
Check your local county and municipality for additional landlord-tenant regulations.
Can a Landlord Enter Without Permission in Pennsylvania? There are no Pennsylvania laws governing a landlord's access rights on rental property, so landlords and tenants must agree on a policy in the lease agreement. If terms of access aren't in the lease, the landlord can enter for purposes reasonably related to the tenancy. Read more » Is Pennsylvania a “Landlord Friendly” State? Pennsylvania is a fairly landlord-friendly state because there are few state-sanctioned policies, like entry notifications or rental fee limits. Pennsylvania also does not currently have state rent control, but rent control policies are not prohibited. Read more » What Are a Tenant’s Rights in Pennsylvania? Tenants in Pennsylvania have the right to a habitable dwelling and the right to repair and deduct from the lease if requested repairs are not made in a timely manner. Rent withholding is also allowed, but in many cities must follow a special escrow program to be legal. Read more » Can a Tenant Change the Locks in Pennsylvania? Pennsylvania tenants can change their locks, if not prohibited by the lease. Landlords may not unilaterally change locks as a form of eviction (i.e. “lockouts”). Read more »
