What types of rental accommodations are covered by legislation governing residential tenancies in Pennsylvania?

The Landlord-Tenant Law of 1951 applies to residential rental accommodations, such as houses, apartments and similar premises which are rented for a fixed term (such as 1 year) or for a periodic tenancy (such as month to month). It also covers tenants who rent a mobile home, but does not cover residents of mobile home parks who are buying or who already own their mobile home and are renting space in a mobile home park. These residents have special legal rights under the Mobile Home Park Rights Act.

What types of rental accommodations are NOT covered by this legislation?

Accommodations such as hotels or rooming houses are not covered by the Landlord-Tenant Law.

Is it necessary to have a written lease or rental agreement in Pennsylvania?

A written lease or rental agreement is not required, however it is recommended.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

Yes, the landlord has the right to charge a security deposit. After the second anniversary of the lease, the tenant is entitled to receive, on a yearly basis, interest on all funds over $100 deposited by the landlord in an interest-bearing account. The landlord is entitled to receive, as administrative expenses, a sum equivalent to 1% per annum on the security deposit.

The tenant must give the landlord a forwarding address in writing in order to get the security deposit returned. The landlord must, within 30 days from the date the tenant moves out, either return the security deposit or send the tenant a list of damages, the cost of the repairs, plus any balance remaining from the security deposit.

How can a lease be terminated?

If there is a written lease, the lease will generally contain provisions for giving notice. If the lease says nothing about giving notice, the tenant is not required to do so if the tenant moves out at the expiry of the lease. But whether it is stated in the lease or not, a tenant should give the landlord as much notice as possible. If the lease is month-to-month, either party can terminate by giving 30 days written notice to the other party.

When is the landlord permitted to enter the premises?

The landlord is permitted to enter the premises at reasonable times (normally daylight hours) for the purpose of inspection or to make repairs, and should give the tenant advance notice, however, State law does not set out a specific notice period. The landlord and tenant should agree on a reasonable notice period prior to commencing the tenancy (24 to 48 hours is generally considered reasonable).

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for the following reasons:

(a) the term of the lease has expired;
(b) the tenant is behind in the rent; or
(c) the tenant has breached a provision of the lease.

The landlord does not need a reason to evict a tenant if the landlord has given the tenant proper notice that the landlord wants the premises back at the end of the lease term.

A landlord must file a complaint with the District Justice’s office and obtain an Order for Possession before the tenant can be evicted. The landlord cannot forcibly remove the tenant, only a constable or sheriff can do this. The landlord cannot seize a tenant’s belongings or sell them to pay outstanding rent. A landlord also cannot threaten a tenant, change the locks or cut off essential services or utilities in order to force a tenant to move.

Residents of a mobile home park (i.e. those who own their mobile home and are renting lot space) can only be evicted for the following reasons:

(a) nonpayment of lot rent;
(b) two or more violations of park rules within a 6-month period; or
(c) the park is closing or the park land is being changed to a different use.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.