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Pennsylvania State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can easily navigate these.

This article is not an exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

We recommend consulting with the appropriate government agencies and a qualified lawyer if you have legal questions or concerns. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules, Regulations & Guides

Security Deposit:

  • Security Deposit Maximum: Two months’ rent during the first year of renting and one month’s rent during any subsequent years (68 P.S. §§ 250.511a).
  • Deadline for Returning Security Deposit: 30 days of termination of a lease or upon surrender and acceptance of the premises, whichever first occurs. (68 P.S. §§ 250.512)
  • Security Deposit Interest: The tenant is entitled to interest after the second anniversary of giving a deposit. The landlord shall be entitled to receive, as administrative expenses, a sum equivalent to one percent per annum upon the security money so deposited, paid to the tenant annually upon the anniversary date (3rd year) of the commencement of his lease (68 P.S. §§ 250.511b(b)).
  • Separate Security Deposit Bank Account: Required (68 P.S. §§ 250.511b).
    • Funds held for over two years and funds over $100 must be deposited in an escrow account federally or state-regulated institution.
    • The landlord must notify the tenants in writing the name and address of the banking institution where such deposits are held, as well as the amount of each deposit.
  • Nonrefundable Fees: No statute.
  • Application FeeNonrefundable.
  • Non-refundable or Additional Fees: No rule.
  • Nonrefundable of Move-Out Damages and Charges: Within 30 days, the landlord shall provide a tenant with a written list of any damages for which the landlord claims the tenant is liable, along with a refund of all remaining deposit funds. ( 68 P.S. §§ 250.512)
  • Record Keeping of Deposit Withholdings: No statute.
  • Failure to Comply:
    • Any landlord who fails to provide a written list within thirty days, the landlord shall forfeit all rights to withhold any portion of the deposit, including any unpaid interest thereon, or to bring suit against the tenant for damages to the leasehold premises (68 P.S. §§ 250.512(b)).
    • If the landlord fails to return the remaining deposit, after withholdings, within 30 days, the landlord may be liable for double the deposit amount plus interest (68 P.S. §§ 250.512(c)).

Lease, Rent & Fees:

  • When Rent Is Due: No statute.
  • Rent Increase Notice: No regulation.
  • Rent Grace Period: No regulation.
  • Late Fees: No rule.
  • Prepaid Rent: A landlord can only collect up to two months’ rent for escrow purposes and one month during subsequent years (68 P.S. §§250.511a).
  • Returned Check Fees: Allowed, but it shall not exceed $50 unless the landlord is charged fees over $50 by financial institutions, upon which the landlord can charge the actual fees.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, when a government agency or department certifies that a dwelling is uninhabitable, the tenant can elect to deposit rent into an escrow account rather than pay the landlord directly (68 P.S. §§ 250.206).
  • Tenant Allowed to Repair and Deduct Rent: No statute.
  • Landlord Allowed to Recover Court and Attorney Fees: No regulation.
  • The landlord must reasonably attempt to mitigate damages caused by the lessee. There is no statute.
  • Abandonment of Personal Property: (Act of Jul. 5, 2012, P.L. 1091, No. 129)
    • The landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. The tenant then has ten days from the date of postmark of the notice to contact the landlord.
    • If the tenant contacts the landlord within the ten days, the landlord must allow the tenant thirty days (the first ten plus twenty more) to get the items. After the first ten days, the landlord may move the items to another location and charge the tenant for storage.
    • If the tenant does not contact the landlord within ten days, the landlord may dispose of the items and have no further responsibility for them.
    • The law applies when either (1) the landlord has received a judgment in an eviction case and has executed an order for possession or (2) the tenant has given written notice that he has left the home.

Notices & Entry:

  • Notice to Terminate Tenancy – A year or less or for an indeterminate time: 15 days (68 P.S. §§ 250.501(b)).
  • Notice to Terminate Tenancy – More than a year: 30 days (68 P.S. §§ 250.501(b)).
  • Notice to Terminate Tenancy – Month-to-Month Lease: 15 days (68 P.S. §§ 250.501(b)).
  • Notice of Date/Time of Move-Out Inspection: No statute.
  • Notice of Termination of a Lease for Nonpayment: 10 Days (68 P.S. §§ 250.501(b))
  • Termination for Lease Violation: No statute.
  • Required Notice before Entry: No exact time is specified, but generally, 24 hours is recommended.
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute.
  • Entry Allowed with Notice for Showings: No statute.
  • Emergency Entry Allowed without Notice: No regulation.
  • Access Allowed During Tenant’s Extended Absence: No statute.
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No statute, but very few states allows this.
  • Utility Shut-offs Allowed: No statute, but very states allows this.

Disclosures & Miscellaneous Notes:

  • Names and Addresses: No statute.
  • Copy of the Lease: No statute.
  • Domestic Violence Situations: No statute.
  • Retaliation: A landlord must not terminate, refuse to renew a lease, or fine a tenant for being involved in a tenant’s organization (68 P.S. §§ 250.205).
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet (PDF) on lead-based paint hazards.

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