Landlords & Tenants Rights & Responsibilities in Pennsylvania
Pennsylvania law spells out rights and responsibilities for both landlords and tenants. These laws protect both parties when disputes arise. The law governs areas such as security deposits, lease agreements, repairs and eviction. Whether you are a landlord or a tenant, you should familiarize yourself with these laws before entering into a lease agreement.
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Security Deposits
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In Pennsylvania, a property owner may ask for a security deposit from tenants moving into a rental unit. The amount of the security deposit must not exceed two months' rent in the first year of the lease. The property owner must place the money in a bank in escrow if the amount is over $100. The security deposit protects the landlord from damages and unpaid rent after the tenant moves out of the rental unit. In the second year of a lease, the property owner cannot hold more than one-month's rent as a security deposit.
When a tenant moves out of a property, the landlord must return the security deposit and interest within 30 days. The property owner may keep a portion of the security deposit for damages and unpaid rent, but a written letter detailing the amount withheld and the reason must be sent to the tenant. Property owners who fail to provide an itemization of damages or reasons for withholding a portion of the security deposit may have to pay the tenant an amount equal to twice the security deposit.
Lease
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A lease is a contract between the property owner and tenant. A lease may be a written document or an oral agreement. Property owners may rent a unit on a month-to-month basis or with a yearly contract. The lease should state the name of the landlord and the tenant, the amount of the rent, when it is due, who is responsible for utilities, where the rent is mailed and the rules the property owner expects the tenants to follow. The lease may be changed at any time, but both parties must agree to the changes. The lease agreement also determines the notice a tenant must provide when moving out of the property.
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Rent Withholding and Repairs
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Tenants may not withhold rent from the property owner in payment for repairs to the property unless the tenant can provide documentation the landlord agreed to the repair. Rent Withholding is a law in Pennsylvania that allows the tenant to pay into an escrow account if the city's housing code office declares the property uninhabitable. The tenant pays into the account until the property owner makes the necessary repairs. The state may return the money to the tenant in the event the landlord does not make the repairs at the end of six months. Tenants can stay on the Rent Withholding plan for two consecutive six-month periods.
Notice
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To evict a tenant from a property in Pennsylvania, property owners must present a notice to the tenant in person or post it on the property. The lease may provide information on the amount of notice the tenant receive to vacate the property. If the information is not written in the lease, the state requires landlords to provide tenants with 30 days to vacate the home if the lease is for less than one year and 90 days for leases of one or more years. Property owners can give a 15-day notice for tenants behind in rent with an oral lease. The 15-day rule does not apply from September 1st to April 1st.
Eviction
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When tenants fail to leave the property after the property owner serves notice, the landlord must file a complaint with the District Justice's office. The landlord and tenant will receive a hearing date and tenants have an opportunity to present their side. The justice will determine whether the tenant may stay in the property or must leave. Justices also award monetary damages to the tenant or landlord during the hearing as well. Either party may appeal the decision within 30 days.
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