Being familiar with Pennsylvania rental laws is integral to providing your tenants with a positive rental experience. Having the proper knowledge for handling security deposits, rent increases, and screening reports can also help you avoid costly mistakes.
To help you get started, here are the top eight things that landlords should know about Pennsylvania landlord-tenant laws.
1. How Much Can a Pennsylvania Landlord Charge For a Security Deposit?
If you request a security deposit from your new tenant, it cannot be more than two months’ rent. Additionally, you must hold security deposits of more than $100 in a state-regulated or federal institution.
While you’re not required to give a security deposit receipt, you must provide tenants with the name and address of the institution the security deposit is held in writing.
2. How Much Can a Landlord Raise Rent in Pennsylvania?
Pennsylvania has no statewide legislation regarding rent control, so you can increase rent as much as you see fit. However, you cannot raise the rent in retaliation because the tenant exercised a legal right or filed a complaint of discrimination.
Inform your tenants of an upcoming rent change with a rent increase notice.
3. What Is the Right of Quiet Enjoyment in Pennsylvania?
The Right of Quiet Enjoyment states that every lease includes an implicit promise that the landlord won’t unreasonably interfere with a tenant’s right to possess the leased property.
Landlords in Pennsylvania can’t enter a tenant’s home at any time for any reason if it isn’t an emergency. You should have a legitimate reason, like inspecting for needed repairs or showing the property to potential buyers or renters. Give your tenant reasonable notice before visiting the premises, schedule your visit at an appropriate time, and knock before entering.
4. Are There Late Rent Fees in Pennsylvania?
No Pennsylvania law addresses or limits late fees, so you are allowed to impose them. However, it’s recommended that you keep them reasonable and clearly state them in your lease agreement to avoid confusion from your tenant.
To simplify the rent collection process even further, you can collect rent with Avail. From your landlord account, you can easily set up your tenants and the rent amount they’re responsible for each month. And, while you can automate late fees, automatic rent reminders and the tenant Autopay option can help tenants avoid penalties while ensuring you get paid on time.
5. When Can a Tenant Withhold Rent in Pennsylvania?
According to the City Rent Withholding Act, Pennsylvania tenants may be allowed to withhold rent if the property is certified by a government agency to be unfit for habitation. Tenants must first inform the landlord of the problem in writing and allow a reasonable amount of time to fix it. If action is not taken, the premises can be certified as uninhabitable.
Alternatively, tenants can implement the repair and deduct remedy. If the landlord fails to make the necessary repairs, the tenant can do so themselves. As long as the repair cost doesn’t exceed the total rent remaining on the lease, the tenant can deduct relevant fees from the rent.
6. Are There Tenant Screening Report Restrictions for Pennsylvania Landlords?
You must get written consent from every applicant to run a background check. There are no laws limiting the types of screening reports landlords can request. Furthermore, Pennsylvania does not limit rental application fees, so you can decide how much to charge for tenant screening reports.
With Avail, you can access complete online tenant screening services, including tenant background checks, eviction history, TransUnion credit reports, and more. You can decide who pays the fees, and once your applicant has approved the requested reports, the results will be sent directly to your account for review. This way, you can feel confident that you’re choosing the best applicant for your rental.
7. Do Pennsylvania Landlords Need a Rental License?
While the state of Pennsylvania doesn’t require rental licenses, certain municipalities may have their own local mandates. For example, the city of Philadelphia does require landlords to have a license before renting to tenants.
8. What Is Considered Retaliation in Pennsylvania?
Retaliation refers to action taken by a landlord in response to a tenant’s actions and is illegal in Pennsylvania. For example, if you increase rent or substantially alter your lease terms within six months after a tenant exercises their rights under the agreement, this would be considered illegal retaliation.
Illegal retaliation can result in being held liable to the tenant for damages equal to two months’ rent or the actual damages sustained by the tenant — whichever is greater. You may also be responsible for the cost of the suit and attorney fees if found guilty of illegal retaliation.
Learn More About Pennsylvania Landlord-Tenant Laws
The more informed you are about local landlord-tenant laws, the better you’ll be able to manage your rental properties. To keep up with the latest rental laws and regulations updates, subscribe to The Landing newsletter and receive curated content sent directly to your inbox.
Visit our Landlord-Tenant Laws page for more facts and details on Pennsylvania rental laws.
*This article is intended for educational purposes only and does not constitute legal advice. Please consult an attorney for more information on landlord-tenant laws.
