At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 2 months' rent (first year) | Drops to 1 month's rent after the first year |
| Rent control? | No statewide | Philadelphia has some tenant protections |
| Required notice to raise rent? | 30 days | For month-to-month tenancies |
| Lease required in writing? | Yes, for leases > 12 months | Shorter leases can be oral |
| Landlord entry notice? | No statute | Reasonable notice implied by courts |
Security Deposits
Pennsylvania law sets specific limits on security deposits that decrease over time.
During the first year of a tenancy, the landlord may charge up to 2 months' rent as a security deposit. After the first year, the maximum drops to 1 month's rent, and any excess must be returned to the tenant.
Landlords must return the deposit within 30 days of the tenant vacating the unit or the termination of the lease, whichever comes later. The return must include an itemized list of any deductions. Deposits exceeding $100 must be held in an escrow account at a federally or state-regulated institution, and after the second year, the tenant is entitled to interest earned on the deposit.
cite: 68 Pa. Cons. Stat. § 250.511a–250.512
Eviction Procedures
Pennsylvania requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 10-Day Notice: For nonpayment of rent
- 15-Day Notice: For lease violations (first offense); 30 days for second or subsequent violations
- 15-Day Notice: For no-cause termination of a month-to-month tenancy (30 days in Philadelphia)
After the notice period expires, the landlord must file a complaint with the local magisterial district judge to begin formal eviction proceedings. The tenant will receive a hearing date and an opportunity to present their case.
cite: 68 Pa. Cons. Stat. § 250.501
Rent Control
Pennsylvania does not have a statewide rent control law. Landlords may generally set and raise rents as they see fit, subject to lease terms and notice requirements.
Local Protections
Philadelphia has enacted some tenant protections, including:
- Requirements for good-faith lease renewal negotiations
- Anti-discrimination protections related to source of income
- Eviction diversion programs
However, these measures do not constitute traditional rent control with caps on annual increases.
cite: 68 Pa. Cons. Stat. § 250.101
Lease Agreements
Pennsylvania does not require a written lease for tenancies of 12 months or less. However, any lease for longer than 12 months must be in writing under the Statute of Frauds.
Required Disclosures
Pennsylvania landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Landlord identity: Name and address of the property owner and any authorized agent
- Security deposit escrow information: The name and address of the financial institution where the deposit is held
- Mold: Disclosure of known mold issues (in some municipalities)
- Code violations: Outstanding code violations that affect habitability
cite: 68 Pa. Cons. Stat. § 250.101–250.602
Tenant Rights
Pennsylvania provides the following protections for tenants:
- Habitability: Landlords must maintain rental units in habitable condition, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights (e.g., reporting code violations, joining tenant organizations)
- Discrimination protection: Pennsylvania fair housing laws prohibit discrimination based on race, religion, sex, disability, familial status, age, and other protected categories
- Right to privacy: While no specific statute defines the required notice period, courts have held that landlords must provide reasonable notice before entering a tenant's unit
- Rent withholding: Tenants may withhold rent or place it in escrow if the landlord fails to address serious habitability issues after notice and the property has been certified as unfit by a code enforcement agency
- Utility shutoff protection: Landlords cannot shut off utilities as a means of eviction