What a Landlord Cannot Do in Pennsylvania: Essential Tenant Rights

With its low taxes, burgeoning economy, and eviction laws that favor property owners, Pennsylvania landlords seem to be in a favorable position. However, some rules and regulations still guide the landlord-tenant relationship. Once a contract has been signed, one can’t do as they please with a rental unit.

What should interested Pennsylvania landlords know before screening prospective tenants? We’ve summed up the fundamental rules a landlord should know about below. This quick guide on what a landlord cannot do in Pennsylvania can spare all parties much trouble.

#1: A Landlord Cannot Evict a Service Member from the Rental Property

In the state of Pennsylvania and throughout the rest of the United States, it is illegal to evict military tenants because of unpaid rent. The Servicemembers Civil Relief Act (SCRA) prohibits Pennsylvania landlords from kicking servicemembers out of a rental property, allowing the servicemember to focus on their military service.

However, it should be highlighted that this protection applies to eviction proceedings due to unpaid rent only. An eviction can push through if the service member was evicted because of a material breach of contract. Moreover, the agreement must have been signed before the military personnel entered active duty.

#2: Having Excessive Late Fees in Lease Agreements is Illegal

There are consequences if a tenant doesn’t pay rent on the agreed upon date. Landlords in Pennsylvania are allowed to charge late fees to those who don’t pay rent on time.

However, these fees should be stipulated in rental agreements. Local regulations should also be consulted to determine the maximum amount a property owner can charge for rental property late fees. Excessive fees are considered a violation of Pennsylvania tenant rights.

#3: The Fair Housing Act Mandate Equal Housing Rights

All Pennsylvania landlords are required to comply with the Fair Housing Act. The Federal Fair Housing Act mandates that landlords are prohibited from discriminating against potential tenants because of their color, race, disability, religion, sex, familial status, gender, or national origin.

The Fair Housing Act has existed since the 1968s, and Landlord-Tenant laws are firm in providing everyone the opportunity to lease a property without fear of discrimination.

#4: Landlord Tenant Laws Say That Landlords Need Proper Notice Before Entering the Rental Property

Once lease agreements have been signed, the landlord can’t enter the rental property anytime they please. One should provide reasonable notice before entering the premises. This period is usually at least 24 hours before entering the place.

On the other hand, there is an exception for emergency cases, especially if the landlord has permission from the tenant. What’s important is that the tenant is given proper notice before the landlord enters the place. They can’t come and go if someone is occupying the property.

#5: Security Deposit Guidelines Must Be Respected

One of the most vital parts of lease agreements is the security deposit. In Pennsylvania, landlords can charge a maximum of two months’ rent for the first year. The security deposit should only be one month’s rent for the next three years. In the fifth year, the landlord can’t charge a security deposit.

Receipts for one’s security deposit aren’t required in the state. However, the landlord must provide the exact name and address for the security deposit. If the deposit exceeds $100, this money should be held at a federal or state institution.

If the lease agreement is renewed after two years, the security deposit, which amounts to over $100, must be put into an interest-bearing escrow account. The tenant will receive an annual interest, particularly when the contract is signed. The landlord is entitled to a 1% administrative fee of this amount.

Landlords must return the security deposit a month or 30 days after the lease agreement ends. These costs must be documented for the tenant’s reference if any deductions are made. Potential security deposit deductions include damages to the property (beyond the usual wear and tear), unpaid rent and utilities, and lease violations.

#6: Proper Notice Must Be Given Before Rent Increases

Inflation can affect one’s rent in Pennsylvania. However, landlords aren’t permitted to increase the rent suddenly. The lease agreement type determines what qualifies as a reasonable notice in the state.

For monthly leases, the landlord must give the tenant a minimum of 30 days before increasing rent. For longer ones, a proper notice would mean at least 60 days.

The notice must be written and should stipulate the effectivity date. Notices shared verbally aren’t valid. Failure to write down one’s intention to raise rent can result in potential legal dilemmas.

#7: There are Penalties for Breaking a Lease Early

Lease terms must be followed, but there are instances wherein the tenant or landlord must break the lease before it expires. Tenants must provide a written notice of their intention to leave the property 15 to 60 days before they vacate the premises.

The Tenant Act stipulates that if the tenant initiates the breaking of the lease, they must be liable to pay one or two months’ rent as penalty fees. However, the tenant may continue making payments to avoid these penalties. As mentioned, the SCRA provides special protections to military tenants. They can break a lease early without penalties.

Likewise, the landlord may choose to evict a tenant. The proper procedure should be followed accordingly.

#8: Landlords Must Respect Squatter Rights

Squatters or illegal settlers in one’s property aren’t subject to usual tenant rights. However, unless they damage the property or steal any of the property owner’s possessions, they can’t be arrested for living on one’s premises illegally. The eviction process must be followed.

In Pennsylvania, a tenant who stops paying rent is considered a squatter. If the tenant has lived in the property for at least a year, they must be given at least 10 days to vacate it.

On the other hand, settlers who reside in a property for at least 21 years may get adverse possession of the unit. To qualify, the settler must be visibly living in the property, not sharing the place with anyone else, have active control, and be genuinely ignorant that their living there is unlawful.

#9: Neglecting Landlord Maintenance Duties is Prohibited

It is a requirement for landlords in Pennsylvania to maintain the premises. Issues must be tended to immediately, while repair requests should be addressed promptly. If the landlord fails to fulfill their duties, the tenant may opt to conduct repairs themselves and deduct the amount spent from their monthly rent.

However, tenants can’t make repairs whenever they want. First, they should have notified the landlord of their needs. Second, the repair should make the property habitable. They can’t simply buy better appliances and send the landlord the bill afterward.

#10: There are Rules for Credit and Consumer Check

Screening tenants is vital for all landlords. However, the credit or consumer report should abide by legal standards. First, landlords in Pennsylvania must obtain the applicant’s explicit consent. The landlord should provide tenants access and the right to question any information the landlord uses when selecting a tenant.

#11: The Landlord Cannot Violate the Warranty of Habitability

Pennsylvania has an Implied Warranty of Habitability stipulating that the landlord must provide tenants with a safe and habitable living environment. The property cannot have bed bugs, cockroaches, fleas, mice, or other vermin.

If the landlord refuses to get an exterminator for these concerns, the tenant must contact the local Code Enforcement department. The request must be documented to help the tenant with their situation.

#12: The Landlord Must Pass State Inspections

If the Tenant thinks their living environment is unhabitable, they can contact a Housing Code Enforcement Officer. While tenants can make certain repairs themselves, severe cases might require the officer’s assistance for the landlord to take action, or else they might have to pay a steep fine.

A landlord-tenant relationship is based on trust and communication. The tenant must have communicated and documented their concerns so that the state can address the problem.

Conclusion

While landlords in Pennsylvania are given rights, they should be careful when dealing with current and prospective tenants. They should handle the security deposit and other pertinent lease terms with care.

If the landlord is dealing with an active duty service member, they should be mindful not to violate the SCRA. Fortunately, SCRACVS can help landlords confirm a person’s military status quickly. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

What can landlords not do in PA?

Landlords cannot perform retaliation in Pennsylvania. They must respect the tenant’s privacy and provide proper notice before entering the premises.

What is considered landlord harassment in Pennsylvania?

Landlord harassment is when the landlord makes surprise visits to the rental unit and makes verbal threats for the tenant to make payment. This also occurs when the landlord doesn’t respect the tenant’s right to quiet enjoyment.

Can a landlord lock you out in PA?

Locking out a tenant is considered a self-help eviction, which is illegal in Pennsylvania law. Tenants must undergo legal eviction. The tenant can sue the landlord if this happens.

Can a landlord enter without permission in PA?

No, landlords in Pennsylvania must obtain the tenant’s permission before entering the premises. However, there are exceptions for emergency cases.

Can a landlord in Pennsylvania evict a tenant without going through the legal system?

No, self-help eviction is illegal in the state. All landlords must undergo the legal procedure to avoid getting sued.

Is it legal for a landlord to refuse necessary repairs in Pennsylvania?

No, ignoring requests is not allowed. All tenants have the legal right to a habitable living environment.