Legal Aspects of Month-to-Month Leases in Pennsylvania
Whether a prospective landlord or tenant, it’s important to understand your rights and responsibilities for the short lease term in Pennsylvania. These customizable provisions and statutes will protect your rental residency in the state and be legally compliant.
See Also
Pennsylvania Laws about Withholding Rent | Allegheny Attorneys at Law, P.C.Good Cause for All - Philly TenantPALawHELP.org - Your Online Guide to Legal Information and Legal Services in PennsylvaniaRent Increases | Tenants' RightsLease Termination & Renewal
- The lease renews at the end of every month automatically.
- To terminate a Pennsylvania month-to-month lease agreement, the landlord or tenant must give at least 15 days’ notice.
- If the landlord seeks to end the lease for nonpayment, the notice period is 10 days.
Rent Increases
- In a month-to-month lease, the landlord must give 30 days written notice to tenants. Once effective, the new payable amount will be due as usual on the first day of the month.
Security Deposit
- Landlords in Pennsylvania can legally ask for a security deposit before renting out their property.
- Typically, the security deposit during the first year of tenancy ranges can go up to an equivalent of two months’ rent. After that, the security deposit is usually equivalent to one month’s rent.
- After moving out, the landlord must return the security deposit within 30 days. This is after making an itemized deduction of the costs of repairs.
- Suppose the landlord doesn’t give back the security deposit within 30 days. In that case, the tenant can claim double the security deposit amount and any interest earned from the escrow account.
- However, the landlord may be free from any liability regarding the security deposit if the tenant doesn’t provide their new address when moving out.
Tenancy Rights
- Fair notice periods – PA tenants must receive 15- to 30-day advance written notifications from landlords for key changes like lease termination or rent increases.
- Habitable & safe premises – Landlords must maintain all rental properties up to basic living standards and adhere to building/housing codes.
- Freedom from retaliation – PA law prohibits landlords from harassing, improperly terminating, or denying lease renewals solely in response to good-faith complaints filed by tenants.
- Essential service provision – Tenants have rights to facilities vital to living expectations, like electricity, sanitation systems, and weather-tight constructions. Interrupting or denying services illegally warrants remedies such as withholding rent.
- Renter-protected class status – Federal and state laws forbid landlords under temporary month-to-month agreements from discriminating against tenants for belonging to legally protected classes based on attributes like race, religion, family status, and disability when making housing available or setting terms/conditions.
Required Disclosures
The landlord must provide key information in a Pennsylvania month-to-month lease agreement. If you rent older properties built before 1978, they must disclose any lead-based paint hazards. They must also tell you if they’re responsible for utilities like heat and electricity.
Landlords must also make these disclosures to prospective tenants:
- Medical marijuana policies
- Mold issues
- Bed bugs
- Late fee amounts
- Asbestos
