Best Landlord & Tenant Lawyers in Pennsylvania

About Landlord & Tenant Law in Pennsylvania, United States

Landlord and tenant law in Pennsylvania governs the legal relationship between property owners who rent out residential units and the individuals who lease those units. The rules dictate the rights and responsibilities of both parties and are primarily designed to ensure fair treatment, safety, and clarity in rental agreements. Pennsylvania law covers a wide range of issues such as lease terms, rent payments, repairs and maintenance, security deposits, eviction procedures, and tenants' right to privacy. Both local ordinances and statewide statutes play a significant role in enforcing landlord and tenant rights.

Why You May Need a Lawyer

Landlord and tenant disputes can become complicated, especially when legal rights or financial stakes are involved. Common situations where you may require legal help include:

• Eviction proceedings or illegal eviction threats
• Withholding of security deposits or disputes over deductions
• Failure of the landlord to make necessary repairs or address unsafe living conditions
• Alleged violations of lease terms
• Disagreements over lease renewals or terminations
• Claims of housing discrimination
• Questions regarding subletting or assignment of leases
• Conflicts over rent increases
• Defense against claims of property damage
• Issues involving municipal or local housing codes

A lawyer can interpret complex laws, help negotiate settlements, and represent you if your case goes to court.

Local Laws Overview

Pennsylvania landlord and tenant law is outlined in the Pennsylvania Landlord and Tenant Act of 1951, along with various local ordinances specific to cities like Philadelphia and Pittsburgh.

• Leases: Oral and written leases are legally binding in Pennsylvania. Written leases are highly recommended, as they provide clearer proof of terms.
• Security Deposits: Landlords can collect up to two months’ rent as a security deposit during the first year and up to one month in subsequent years. Security deposits must be returned within 30 days of lease termination, minus any lawful deductions. Landlords must provide an itemized list of deductions if any of the deposit is retained.
• Rent: There is no statewide rent control. Rent increases are allowed as long as they are not discriminatory and meet any lease requirements for notice.
• Repairs and Habitability: Landlords must keep properties “fit for human habitation.” Tenants can request necessary repairs and, under certain conditions, may withhold rent or make repairs and deduct the cost.
• Evictions: Landlords must provide proper notice before evicting a tenant, typically 10 days for nonpayment of rent and 15 days for other breaches (30 days for leases exceeding one year). Eviction without a court order is illegal.
• Entry: Landlords are expected to provide reasonable notice before entering a tenant’s home, except for emergencies.
• Discrimination: The Pennsylvania Human Relations Act and federal law prohibit housing discrimination based on race, color, religion, sex, familial status, national origin, disability, and age.
• Local Variations: Cities like Philadelphia and Pittsburgh have additional regulations, including rules about tenant screening, rental licenses, and lead paint disclosures.

Frequently Asked Questions

What is the maximum security deposit a landlord can charge in Pennsylvania?

In the first year, a landlord can require up to two months’ rent as a security deposit. After that, only one month’s rent may be required as a deposit.

How soon must a landlord return my security deposit?

The landlord must return the security deposit within 30 days after the lease ends and you vacate the premises. If any deductions are made, the landlord must provide an itemized list.

Can my landlord evict me without going to court?

No, in Pennsylvania, eviction requires a court order. A landlord cannot change the locks, remove your belongings, or otherwise force you out without following the legal eviction process.

What should I do if my landlord fails to make necessary repairs?

Notify your landlord in writing and keep records of your communication. If repairs are not made, you may have options such as withholding rent or making repairs and deducting the cost, but you should consult an attorney or local housing authority first to ensure compliance with state law.

How much notice is my landlord required to give before entering my apartment?

While Pennsylvania law does not specify an exact amount of notice, landlords are generally expected to give reasonable notice, except in emergencies. Check your lease for specific terms.

Can my landlord increase my rent at any time?

Landlords can raise rent when a lease term ends or in a month-to-month agreement, but they must provide appropriate notice as stated in your lease or, in the absence of a lease, provide at least 15 days’ notice.

Is my oral lease agreement legally enforceable?

Yes, oral leases are legally enforceable in Pennsylvania for lease terms of less than three years. However, having a written lease is strongly recommended to minimize disputes.

What can I do if I believe I am being discriminated against when applying for housing?

You can file a complaint with the Pennsylvania Human Relations Commission or the U.S. Department of Housing and Urban Development. Discrimination due to protected characteristics is illegal.

Who is responsible for utilities and pest control?

Responsibility for utilities should be specified in your lease. If the landlord is responsible for pest control and fails to address infestations, they could be violating habitability standards.

How do I legally break my lease in Pennsylvania?

You may be able to break your lease without penalty if the property is uninhabitable, you are a victim of domestic violence, or if your lease contains an early termination clause. Otherwise, you could be held responsible for rent for the remainder of the lease term unless the landlord finds a new tenant.

Additional Resources

Navigating landlord and tenant issues can be challenging, but several organizations and agencies can provide helpful information and assistance:

• Pennsylvania Legal Aid Network
• Pennsylvania Human Relations Commission
• Philadelphia Fair Housing Commission (for Philadelphia residents)
• Local county or city housing authorities
• U.S. Department of Housing and Urban Development
• State and local bar associations for attorney referrals
• Community legal clinics and tenant advocacy groups

Next Steps

If you are facing a landlord and tenant issue, start by reviewing your lease agreement and documenting any relevant communications and issues. Try to resolve disputes directly with the other party and keep records of all correspondence. If the issue is not resolved, consider the following steps:

• Contact local housing authorities or tenant associations for guidance
• Reach out to Pennsylvania Legal Aid or a legal clinic if you meet income eligibility requirements
• Consult with a lawyer who specializes in landlord and tenant law, especially if you are facing eviction, discrimination, or financial claims
• Gather all relevant documents, including your lease, photos, notices, and communications prior to speaking with an attorney
• Prepare to act quickly, especially if you have received any legal notices

The earlier you seek assistance, the better your chances of resolving the matter favorably. Legal professionals can help you understand your rights, explore your options, and represent you throughout the process.