Tenant Rights in Philadelphia
The search for rental property, whether you are looking for a home, apartment, condominium or vacation property, can be somewhat challenging. Many times, renters focus only on desired features such as size, location, yard and other amenities, and neglect to read and understand their rights as renters. In Philadelphia, Pennsylvania, there are state laws that address issues related to security deposits, evictions and general tenant rights.
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Security Deposits
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A property owner, by law, can request a security deposit from tenants to cover costs in the event of damage to her property or unpaid rent; however, a property owner cannot collect a security deposit that exceeds the sum of two months' rent during the first lease agreement. For the second year of the lease or the renewing of a lease, the property owner cannot request a security deposit more than the amount of one month’s rent. In addition, the security deposit for the third and subsequent years cannot exceed the amount of one month’s rent. A portion of any security deposit greater than $100 held by the property owner must be placed in an escrow account drawing interest. For example, if the tenant’s security deposit for the first year was $1,000 (the sum of the first two months' rent), the landlord must deposit $500 in an interest bearing escrow account or return the money to the tenant.
Eviction Notices
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In Philadelphia, a landlord has the right to evict a tenant if the tenant is behind on the rent, has violated a clause in the lease contract or the lease agreement has expired; however, tenants require notification of eviction from the landlord. The landlord must deliver the notice to the tenant or post it on the dwelling or building being leased. The eviction notice should provide the tenant with the reason for the eviction, as well as when the tenant is expected to move out. Usually, the lease agreement includes how much notice the landlord has to give the tenant. When the lease agreement does not include the eviction notice, the landlord must give the tenant 30 days' notice for lease agreements of less than one year. If the lease agreement is one year or longer, the tenant must have 90 days' notice of the proposed eviction.
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Repairs
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Tenants are not responsible for repairs unless it is agreed upon in the lease agreement or in some cases, if the tenant is responsible for the damage. In Philadelphia, the landlord is responsible for most major repairs and the tenant living in a home usually is responsible for minor repairs. The tenant is not responsible for the normal wear and tear of a home or apartment. When repairs are needed, the tenant has the responsibility of notifying the landlord in writing. Pennsylvania has a law that allows tenants to withhold rent or a certain portion of the rent when there are delays in repairs by the landlord. The tenant, however, must notify the landlord in writing of his intent to withhold all or a certain percentage of the rent, and must give the landlord sufficient time to make repairs.
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