Pennsylvania Landlord-Tenant Law

Maximum deposit

Landlords may require no more than two months' rent as a deposit in the first lease year and no more than one month's rent from the second year on, including renewals (68 P.S. § 250.511a). (68 P.S. § 250.511a(a)-(b) (Landlord and Tenant Act § 511.1))

Return deadline

Landlords must return the deposit, less itemized damages, within 30 days after the lease ends or the tenant surrenders the unit and the landlord accepts it, whichever comes first (68 P.S. § 250.512(a)). (68 P.S. § 250.512(a), (c))

Itemized deductions

Landlords must give the tenant a written list of damages claimed against the deposit within 30 days, or they forfeit the right to withhold any of it or sue for damage to the premises (68 P.S. § 250.512(a)-(b)). (68 P.S. § 250.512(a)-(b))

Interest on deposits

Once a deposit over $100 has been held for two years, landlords must pay the tenant the escrow-account interest each year, less a 1% annual administrative fee (68 P.S. §§ 250.511a(c), 250.511b). (68 P.S. § 250.511b(a)-(c) (Landlord and Tenant Act § 511.2), 68 P.S. § 250.511a(c), 68 P.S. § 250.511c (bond in lieu of escrow))

Penalty for wrongful withholding

A landlord who fails to refund the balance within 30 days owes the tenant double the amount wrongfully withheld, and one who skips the written damage list loses the right to keep any of the deposit (68 P.S. § 250.512(b)-(c)). (68 P.S. § 250.512(b)-(c))

Late-fee limit

Pennsylvania has no statute capping residential late fees, but the Attorney General advises that late fees should not be excessive and should bear a reasonable relation to the landlord's costs (Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq., silent). (68 P.S. § 250.101 et seq. (silent on late fees), PA AG Consumer Guide to Tenant and Landlord Rights, p. 6)

Grace period

Pennsylvania law sets no grace period before a late fee may be charged, so the lease controls (Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq., silent). (68 P.S. § 250.101 et seq. (silent on grace periods))

Pennsylvania has no statute setting a notice period for landlord entry, so the lease governs; tenants must give reasonable access for repairs and showings, and landlords should give reasonable advance notice (Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq., silent). (68 P.S. § 250.101 et seq. (silent on landlord entry), PA AG Consumer Guide, p. 10 (implied covenant of quiet enjoyment))

To end a month-to-month tenancy, a landlord must serve written notice at least 15 days before the end of the rental period, and the Attorney General advises tenants to give the same 15 days (68 P.S. § 250.501(b)). (68 P.S. § 250.501(a)-(b))

Pennsylvania has no statute requiring a specific notice period for rent increases; rent generally cannot change mid-lease, and for month-to-month tenants landlords should give notice at least 15 days before the period ends to match the notice-to-quit rule (Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq., silent). (68 P.S. § 250.101 et seq. (silent on rent-increase notice))

Pennsylvania has no statewide rent control and no statute that expressly preempts local rent control, so check for local rules before raising rent (no state statute; see 53 Pa.C.S. § 2962(f) on home-rule limits). (53 Pa.C.S. § 2962(f) (home rule limit on regulating businesses), 68 P.S. § 250.101 et seq. (no rent-control provisions))

Landlords must give the federal lead-paint disclosure for pre-1978 housing and must tell tenants in writing which bank holds their escrowed security deposit and how much (40 CFR Part 745; 68 P.S. § 250.511b(a)). (40 CFR Part 745 Subpart F, 68 P.S. § 250.511b(a))

• Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F
• Written notice of the bank name/address and amount where the security deposit is held (When a deposit over $100 is placed in an escrow account) — 68 P.S. § 250.511b(a)

Unpaid rent

For unpaid rent, the landlord must serve a written notice to quit giving the tenant 10 days from service to leave before filing for eviction, unless the lease validly waives or shortens notice (68 P.S. § 250.501(b), (e)). (68 P.S. § 250.501(b), (e)-(f))

Lease violations

For a lease violation, the landlord must serve a notice to quit giving 15 days to leave if the lease is one year or less (or indefinite) and 30 days if the lease is longer than one year; the statute gives no right to cure (68 P.S. § 250.501(b)). (68 P.S. § 250.501(b), (e))