Pennsylvania Residential Lease Agreement
Pennsylvania caps most security deposits at 2 months' rent (1 exception applies), and requires its return within 30 days after the lease ends.
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Pennsylvania lease rules at a glance
Pennsylvania lease disclosures checklist
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 197842 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 account68 P.S. § 250.511b(a)
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Before you sign in Pennsylvania
- Deposit cap exceptions in Pennsylvania
- Two months' rent during the first year of the lease; one month's rent from the second year on (including renewals) 68 P.S. § 250.511a(a)-(b) (Landlord and Tenant Act § 511.1)
- Second and later years of the lease, or any renewal: up to 1 month's rent
- If a deposit is withheld wrongly
- 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))
- Deductions from the deposit
- 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 the deposit
- 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))
- Rent control and increases
- 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))
- If rent goes unpaid
- 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))
Pennsylvania lease FAQs
How much can a landlord charge for a security deposit in Pennsylvania?
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)).
How long does a Pennsylvania landlord have to return a security deposit?
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)).
Is there a limit on late fees in Pennsylvania?
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)). 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)).
How much notice must a Pennsylvania landlord give before entering a rental?
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)).
How much notice ends a month-to-month tenancy in Pennsylvania?
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)).
What disclosures does a Pennsylvania lease need?
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). The list covers Lead-based paint disclosure and EPA pamphlet and Written notice of the bank name/address and amount where the security deposit is held.
More on renting in Pennsylvania
- Pennsylvania landlord-tenant law — every topic in full, compared with neighbouring states
- Pennsylvania security deposit law — limit, return deadline and a deadline calculator
- Delaware residential lease agreement
- Maryland residential lease agreement
- New Jersey residential lease agreement
- Notice to vacate
- Lead paint disclosure
- Lease agreements for other states
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