Pennsylvania Landlord-Tenant Law
The rules for renting in Pennsylvania — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Pennsylvania
- Security deposit limit
- First year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit. Landlord and Tenant Act § 511.1 (68 P.S. § 250.511a)
- Deposit return deadline
- 30 days after the lease ends or the tenant surrenders the premises (whichever comes first). Act § 512(a) (68 P.S. § 250.512(a))
- Notice for unpaid rent
- 10-day written notice to quit. Act § 501(b) (68 P.S. § 250.501(b))
- Ending a month-to-month lease
- 15 days' notice before the end of the term (applies to leases of one year or less or indeterminate term, including month-to-month) for either party per the AG guide; the statute's 15-day notice-to-quit governs landlord termination. Act § 501(b) (68 P.S. § 250.501(b)); PA AG Consumer Guide
- Landlord entry notice
- No statute. None in the Landlord and Tenant Act of 1951
- Rent control / increase limits
- No statewide rent control or rent-increase cap, and no statute that expressly bans local rent control. No statute authorizes it either, and home-rule municipalities may not set duties or requirements for businesses unless a statewide statute expressly allows it, so a local rent cap would face a serious legal challenge. 53 Pa.C.S. § 2962(c)(2), (e), (f) (Home Rule Charter and Optional Plans Law)
Last verified against official sources: 2026-10-22
Security Deposits in Pennsylvania
| Security deposit limit | First year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit. Text verified in the official PDF of the Act (palegis.us 'view-statute?txtType=PDF' link from the cited page). Waivers are void. Applies to residential rentals only. |
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| Deposit return deadline | 30 days after the lease ends or the tenant surrenders the premises (whichever comes first). Tenant must give the landlord a forwarding address in writing; failure to do so relieves the landlord of liability under § 512 (§ 512(e)). |
| Itemized deductions | Written list of damages for which the tenant is claimed liable, delivered within 30 days together with payment of the balance. If no list within 30 days, the landlord forfeits the right to withhold any part of the deposit or to sue for damages to the premises. Landlord may still withhold for unpaid rent or other lease breaches (§ 512(a)). |
| Interest on deposits | Deposits over $100 must be held in a regulated bank escrow account and the tenant notified in writing of the bank's name/address and amount. After the deposit's 2nd anniversary, interest is owed to the tenant annually (landlord may keep 1% per year as an administrative fee). Landlord may post a bond instead of escrowing (§ 511.3). Source: Act § 511.2 (68 P.S. § 250.511b) |
| Penalty for withholding | Double the amount by which the deposit (plus unpaid interest) exceeds the actual damages caused by the tenant, if not paid within 30 days. Landlord bears the burden of proving damages. |
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Eviction in Pennsylvania
| Notice for unpaid rent | 10-day written notice to quit. IMPORTANT: the notice period may be shortened or waived entirely if the lease so provides (§ 501(e)); waivers of notice are common. Notice may be served personally, left at the principal building, or posted conspicuously (§ 501(f)). |
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| Notice for lease violations | Lease of 1 year or less or indeterminate term: 15 days' notice to quit. Lease of more than 1 year: 30 days. Illegal-drug grounds under § 505-A: 10 days. No statutory right to cure. Notice may be waived in the lease (§ 501(e)). Mobile home park residents have longer periods (§ 501(c)). |
| Lockouts & utility shutoffs | Self-help eviction is prohibited: a landlord may not change locks or shut off utilities to evict; the landlord must use the court process. No statewide statutory damages amount for lockouts was found. Utility companies must give tenants 30 days' notice before shutoff for the landlord's nonpayment (68 P.S. § 399.6, per AG guide). |
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Notice to Vacate in Pennsylvania
| Ending a month-to-month lease | 15 days' notice before the end of the term (applies to leases of one year or less or indeterminate term, including month-to-month) for either party per the AG guide; the statute's 15-day notice-to-quit governs landlord termination. The statute sets the landlord's notice to quit; the AG guide (v1.1, June 13, 2022) states either party may end a periodic tenancy with at least 15 days' notice before the current term ends. No statute specifies the tenant's notice period separately. |
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Landlord Entry in Pennsylvania
| Landlord entry notice | No statute. The AG guide says the tenant must give 'reasonable access' for maintenance/repairs or showings under the implied covenant of quiet enjoyment; the lease usually controls. Some cities (e.g., Philadelphia) may have local rules - not verified. |
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Repairs & Habitability in Pennsylvania
| Repair and deduct | No statute; recognized as a possible remedy under the implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)) after notice and a reasonable opportunity for the landlord to repair. AG guide warns tenants to get legal advice first; improper use can lead to eviction. Utility Service Tenants Rights Act lets tenants pay a landlord's unpaid utility bill and deduct from rent (68 P.S. §§ 399.7, 399.9, per AG guide). |
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| Withholding rent | No general statute; withholding until a defect is fixed is a possible remedy under the implied warranty of habitability (Pugh v. Holmes). Separately, where an agency certifies a dwelling uninhabitable, tenants may pay rent into escrow under the City Rent Withholding Act (Act of Jan. 24, 1966, P.L. 1534, No. 536). § 206 requires the certifying agency to send landlords monthly escrow statements. |
| Retaliation protection | No general statewide anti-retaliation statute. Limited protections: a lease may not be terminated or non-renewed because of participation in a tenants' association (§ 205); retaliation for exercising rights under the Utility Service Tenants Rights Act is prohibited (68 P.S. § 399.11). AG guide confirms 'no general provision' prohibiting retaliation; some municipalities (e.g., Philadelphia Code § 9-804) prohibit it. No statutory presumption period. |
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Rent Increases & Late Fees in Pennsylvania
| Rent control / increase limits | No statewide rent control or rent-increase cap, and no statute that expressly bans local rent control. No statute authorizes it either, and home-rule municipalities may not set duties or requirements for businesses unless a statewide statute expressly allows it, so a local rent cap would face a serious legal challenge. Pennsylvania has no express rent-control preemption statute; the limit comes from § 2962(f), which bars home-rule municipalities from determining duties, responsibilities or requirements placed on businesses except as expressly provided by statute. |
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| Late fees | No statutory cap. AG guide: late fees 'should not be excessive' and should bear a reasonable relation to the landlord's costs (guidance, not a statutory limit). Source: None in statute |
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Breaking a Lease in Pennsylvania
| Ending a lease: military, medical, death | Death of a sole tenant: the executor or administrator may terminate the residential lease on 14 days' written notice, effective the later of the last day of the second calendar month after the month of death or surrender of the unit with all belongings removed; the estate owes rent and debts through termination but no penalty for early termination (applies to leases entered or extended after the 2016 amendment). No state medical/disability or senior-care termination right found in the Act. Any state military lease-termination provision (Title 51) was not checked. |
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Squatters & Abandoned Property in Pennsylvania
| Squatters / unauthorized occupants | Since 2024, the Landlord and Tenant Act (including its notice-to-quit and eviction procedure) does not apply to a person who is not, and never has been, a tenant. A 'tenant' is defined as someone occupying another's premises with the owner's express or implied consent (e.g., oral or written lease or acceptance of rent by the owner/agent). So an owner is not required to use the landlord-tenant eviction process against an occupant who was never a tenant; the Act itself does not set out an alternative police-removal or affidavit procedure. Removal of non-tenants then falls to other law (e.g., criminal trespass or a civil ejectment action), which was not reviewed here. |
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| Belongings left behind | Property may be deemed abandoned if the tenant vacated after a written lease ended; an eviction/possession order was entered and the tenant vacated and removed substantially all property; an eviction order was executed; the tenant gave a forwarding address and vacated; or the tenant vacated without intent to return, rent is 15+ days late, and the landlord posted notice of the tenant's rights. Before removing or disposing, the landlord must send written notice by first-class mail to the premises and any forwarding/emergency address, substantially in the statutory form. The tenant has 10 days from the postmark to retrieve the property or ask that it be stored up to 30 days from the notice date (tenant pays storage; landlord must use ordinary care). If the landlord knows of a protection-from-abuse order, it must hold the property 30 days. Never dispose of property in inhabited premises. Violations: treble damages and attorney fees. Deceased tenants' property goes through probate law instead. Lease terms control over this section if they conflict, except the PFA 30-day hold (s. 505.1(g)-(h)). |
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Rental Fees in Pennsylvania
| Application / screening fees | No statute - Pennsylvania has no statewide cap or refund rule for rental application or screening fees. A 2025-2026 bill (SB 1216) proposing a fee cap was reported in committee only (per secondary source; not verified on palegis). |
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| Other rental fees | No statewide statute limiting move-in, convenience or other rental fees in the Landlord and Tenant Act. Source: 68 P.S. 250.101 et seq. |
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Section 8, Records & Right to Counsel in Pennsylvania
| Section 8 / source of income | No statewide protection. The Pennsylvania Human Relations Act covers race, color, familial status, age, religious creed, ancestry, sex, national origin, handicap/disability and guide/support animal use, but not source of income or voucher use. Some municipalities have local source-of-income ordinances (not verified here). Source: 43 P.S. 955(h) (PHRA s. 5(h)) |
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| Eviction record sealing | No statewide sealing law yet. HB 1095 (limited access to eviction information, amending Title 42) passed the House 105-98 on June 23, 2025 and was reported as amended by Senate Judiciary on Oct. 19, 2026 and re-referred to Senate Appropriations on Oct. 20, 2026, which re-reported it as committed the same day (21-1). It still needs Senate final passage, House concurrence in the Senate amendments and the Governor's signature - not enacted as of Oct. 23, 2026. Source: 2025-2026 HB 1095 (pending) |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. No right-to-counsel provision in the Landlord and Tenant Act; local programs (e.g., Philadelphia) not verified here. Source: 68 P.S. 250.501-250.513 |
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Mold, Pests, Heat & AC in Pennsylvania
| Mold | No statute — Pennsylvania has no mold disclosure, remediation or exposure-standard law for rentals. Conditions such as mold are governed by the court-created implied warranty of habitability, which requires the landlord to keep the unit fit and habitable and to fix serious defects affecting safety or the ability to live there; the duty cannot be waived by the lease. The Landlord and Tenant Act of 1951 contains no general habitability statute. Local property maintenance codes (e.g., Philadelphia, Pittsburgh) may address mold. Tenants should get legal advice before withholding rent or repairing and deducting. |
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| Pests & bed bugs | No statute — no state bed-bug or pest law for rentals. The Attorney General lists rodent infestation as an example of an uninhabitable condition under the implied warranty of habitability; the tenant must notify the landlord and allow a reasonable opportunity to fix it. Who pays for extermination is often set by the lease and local codes; the AG guide advises asking before signing. |
| Heat | No state statute sets a heat requirement or minimum temperature for rentals. Lack of heat in winter is treated as an uninhabitable condition under the implied warranty of habitability. Municipal codes (e.g., Philadelphia's property maintenance code) may set minimum indoor temperatures and heating seasons. |
| Air conditioning | No state requirement to provide air conditioning or a maximum indoor temperature. If the lease promises working air conditioning, the lease governs. |
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Privacy, Guests & Animals in Pennsylvania
| Cameras & privacy | No landlord-specific statute. Viewing or recording a person without knowledge and consent, for sexual gratification, while the person is fully or partially nude in a place with a reasonable expectation of privacy (or recording intimate parts not intended to be publicly visible) is criminal invasion of privacy. Intercepting oral, wire or electronic communications is a third-degree felony unless all parties consent (two-party/all-party consent state). Audio recording by cameras inside or around a rental can violate the Wiretap Act without all parties' consent: https://www.palegis.us/statutes/consolidated/view-statute?txtType=PDF&ttl=18&div=0&chapter=57§ion=03&subsctn=0. Tenants also have an implied covenant of quiet enjoyment. |
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| Guests & occupants | In tenement buildings and multiple dwelling premises (three or more households), tenants have a non-waivable right to invite social guests, family or visitors for a reasonable period of time, and business visitors, tradesmen and deliverymen, as long as tenant obligations are observed; the landlord may not charge any fee or extra rent for exercising these rights. Tenants must not let persons on the premises with their permission willfully damage the property or disturb other tenants. No statewide occupancy limit or roommate statute. For smaller buildings, the lease governs guests and occupants. Local codes may set occupancy limits. |
| Service & support animals (state law) | The Pennsylvania Human Relations Act makes it unlawful to refuse to lease housing, or to discriminate in terms, because of disability or because of the use of a guide animal (blindness or deafness) or support animal (physical handicap), or because a person is a handler or trainer of guide or support animals; inquiries and records about such animal use in connection with a lease are restricted. Pennsylvania has no statute specifically on emotional support animal documentation, misrepresentation penalties or pet-fee limits. Emotional support animal requests are handled under the disability reasonable-accommodation rules of the federal Fair Housing Act and PHRA. |
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How eviction works in Pennsylvania
Eviction cases are heard in: Magisterial District Court (Philadelphia Municipal Court in Philadelphia).
- Written notice to quit: 10 days (nonpayment), 15 or 30 days (lease end/breach) unless waived in the lease (68 P.S. § 250.501)
- Landlord files a landlord-tenant complaint with the magisterial district judge
- Summons issued for a hearing not less than 7 nor more than 10 days from the date of the summons; served personally, by mail, or by posting (68 P.S. § 250.502)
- Hearing; judgment for possession, damages and rent (68 P.S. § 250.503(a))
- Tenant may appeal to the Court of Common Pleas within 10 days of judgment (residential); appeal stays eviction only if rent/judgment amount is deposited (68 P.S. § 250.513)
- After the 5th day following judgment (court rules: 10 days), landlord requests writ/order of possession; it is served within 48 hours and executed on the 11th day after service (68 P.S. § 250.503(b))
- Removal by constable or sheriff; nonpayment-only tenants can stop the writ by paying rent in arrears and costs before execution (§ 503(c))
Hearing date 7 to 10 days from the date of the summons (statute). No written answer required; counterclaims must be filed before the hearing (Pa.R.Civ.P.M.D.J. 508, per AG guide).
Source: 68 P.S. §§ 250.501-250.513
What surprises people about Pennsylvania rental law
- Leases can waive the notice to quit entirely, letting a landlord file in court with no advance notice (68 P.S. § 250.501(e); AG Consumer Guide)
- If the landlord sends no itemized damage list within 30 days, it forfeits the right to keep any of the deposit for damages (68 P.S. § 250.512(b))
- Deposit cap drops from two months' rent in year one to one month's rent from year two (68 P.S. § 250.511a)
- Pennsylvania has no general anti-retaliation statute (AG Consumer Guide)
- The order of possession is executed on the 11th day after service (68 P.S. § 250.503(b))
- 2024 amendment (Act of July 17, 2024, P.L. 944, No. 88) defined 'tenant' and made the Act inapplicable to persons who have never been tenants (squatters) (68 P.S. §§ 250.102, 250.501(g), 250.603)
Federal law that also applies in Pennsylvania
These federal rules apply on top of Pennsylvania law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Pennsylvania
These cities add their own tenant protections on top of state law:
Eviction by county in Pennsylvania
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Philadelphia County (Philadelphia)
- Eviction in Allegheny County (Pittsburgh)
- Eviction in Montgomery County (Norristown)
- Eviction in Delaware County (Media)
- Eviction in Lancaster County (Lancaster)
- Eviction in Bucks County (Doylestown)
- Eviction in Chester County (West Chester)
- Eviction in Lehigh County (Allentown)
- Eviction in Berks County (Reading)
- Eviction in Dauphin County (Harrisburg)
- Eviction in Luzerne County (Wilkes-Barre)
- Eviction in York County (York)
- Eviction in Northampton County (Easton)
- Eviction in Erie County (Erie)
- Eviction in Westmoreland County (Greensburg)
- Eviction in Lackawanna County (Scranton)
- Eviction in Cumberland County (Carlisle)
For landlords
How to evict a tenant in Pennsylvania — steps, cost, timeline and forms.
Common Pennsylvania questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Pennsylvania compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Pennsylvania | First year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit. Landlord and Tenant Act § 511.1 (68 P.S. § 250.511a) | 30 days after the lease ends or the tenant surrenders the premises (whichever comes first). Act § 512(a) (68 P.S. § 250.512(a)) | 10-day written notice to quit. Act § 501(b) (68 P.S. § 250.501(b)) |
| Delaware | 1 month's rent for leases of 1 year or more, and for month-to-month tenancies once they have lasted 1 year (excess must be credited back). No cap for furnished units or for the first year of a month-to-month tenancy. A separate pet deposit of up to 1 month's rent is allowed (none for a support animal). 25 Del. C. § 5514(a), (i) | 20 days after the lease expires or terminates. 25 Del. C. § 5514(e)-(f) | After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent. 25 Del. C. § 5502(a), (c) |
| Maryland | 1 month's rent per dwelling unit, regardless of the number of tenants. Up to 2 months' rent is allowed only if the tenant qualifies for Department of Human Services utility assistance, the lease requires the tenant to pay utilities directly to the landlord, and both agree in writing. A landlord who charges more than the cap can be sued for up to 3 times the extra amount plus reasonable attorney's fees. Md. Code, Real Prop. § 8-203(b)(1)-(3) | Within 45 days after the tenancy ends, the landlord must return the deposit plus accrued interest, less damages rightfully withheld. Md. Code, Real Prop. § 8-203(e)(1) | Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given. Md. Code, Real Prop. § 8-401(c) |
| New Jersey | 1.5 times one month's rent. Any additional security collected in a year may not exceed 10% of the current deposit. N.J.S.A. 46:8-21.2 | Within 30 days after the lease ends, by personal delivery or registered or certified mail: the deposit plus the tenant's share of interest, minus lawful charges. Within 5 business days if the tenant is displaced by fire, flood, condemnation, or evacuation (and the premises are posted or certified as described in the statute). Within 15 business days when a domestic-violence victim ends the lease under N.J.S.A. 46:8-9.6. N.J.S.A. 46:8-21.1 | No notice to quit is required before filing for nonpayment of rent. The written notice requirement of N.J.S.A. 2A:18-61.2 expressly excludes nonpayment (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus accrued costs to the court clerk on or before entry of final judgment. After a warrant of removal is posted, or a lockout is carried out, for nonpayment, the tenant has 3 business days to pay all rent due. The landlord must accept that payment (cash, certified check, money order, or a rental-assistance program or charity) and the case is then dismissed. N.J.S.A. 2A:18-61.1(a), 2A:18-61.2, 2A:18-55, 2A:42-10.16a, 46:8-49.3 |
| New York | One month's rent N.Y. Gen. Oblig. Law § 7-108(1-a)(a) | 14 days after the tenant vacates N.Y. Gen. Oblig. Law § 7-108(1-a)(e) | 14-day written rent demand before filing a nonpayment proceeding. Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a certified-mail notice that rent was not received; failure is an affirmative defense to a nonpayment case. N.Y. RPAPL § 711(2); N.Y. RPL § 235-e(d) |
| Ohio | No statutory cap Ohio Rev. Code § 5321.16 | Within 30 days after the rental agreement ends and possession is delivered, the landlord must send the itemized written notice of deductions together with the amount due. Ohio Rev. Code § 5321.16(B) | 3-day written notice to leave the premises before filing an eviction (forcible entry and detainer) action. The residential notice must conspicuously state: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance." Ohio Rev. Code § 1923.04 |
| West Virginia | No statutory cap on the amount of a security deposit. W. Va. Code §§ 37-6A-1, 37-6A-2 | Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. W. Va. Code § 37-6A-2(a); § 37-6A-1 (definition of 'notice period') | No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. W. Va. Code § 55-3A-1(a) |
Pennsylvania landlord-tenant FAQ
How much can a landlord charge for a security deposit in Pennsylvania?
First year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit. (Landlord and Tenant Act § 511.1 (68 P.S. § 250.511a))
How long does a landlord have to return a security deposit in Pennsylvania?
30 days after the lease ends or the tenant surrenders the premises (whichever comes first). (Act § 512(a) (68 P.S. § 250.512(a)))
Does a landlord have to pay interest on a security deposit in Pennsylvania?
Deposits over $100 must be held in a regulated bank escrow account and the tenant notified in writing of the bank's name/address and amount. After the deposit's 2nd anniversary, interest is owed to the tenant annually (landlord may keep 1% per year as an administrative fee). (Act § 511.2 (68 P.S. § 250.511b))
Does a landlord in Pennsylvania have to give an itemized list of deposit deductions?
Written list of damages for which the tenant is claimed liable, delivered within 30 days together with payment of the balance. If no list within 30 days, the landlord forfeits the right to withhold any part of the deposit or to sue for damages to the premises. (Act § 512(a)-(b) (68 P.S. § 250.512))
What happens if a landlord in Pennsylvania wrongfully keeps a security deposit?
Double the amount by which the deposit (plus unpaid interest) exceeds the actual damages caused by the tenant, if not paid within 30 days. Landlord bears the burden of proving damages. (Act § 512(c) (68 P.S. § 250.512(c)))
How much notice does a landlord have to give before evicting for unpaid rent in Pennsylvania?
10-day written notice to quit. (Act § 501(b) (68 P.S. § 250.501(b)))
How much notice is required to evict for a lease violation in Pennsylvania?
Lease of 1 year or less or indeterminate term: 15 days' notice to quit. Lease of more than 1 year: 30 days. Illegal-drug grounds under § 505-A: 10 days. (Act §§ 501(b), 501(d), 505-A (68 P.S. §§ 250.501, 250.505-A))
How much notice is needed to end a month-to-month lease in Pennsylvania?
15 days' notice before the end of the term (applies to leases of one year or less or indeterminate term, including month-to-month) for either party per the AG guide; the statute's 15-day notice-to-quit governs landlord termination. (Act § 501(b) (68 P.S. § 250.501(b)); PA AG Consumer Guide)
Can a landlord enter without notice in Pennsylvania?
No statute. (None in the Landlord and Tenant Act of 1951)
Is there a limit on late fees in Pennsylvania?
No statutory cap. (None in statute)
Can a tenant repair and deduct from rent in Pennsylvania?
No statute; recognized as a possible remedy under the implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)) after notice and a reasonable opportunity for the landlord to repair. (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979), as described in PA AG Consumer Guide)
Can a tenant withhold rent for repairs in Pennsylvania?
No general statute; withholding until a defect is fixed is a possible remedy under the implied warranty of habitability (Pugh v. Holmes). Separately, where an agency certifies a dwelling uninhabitable, tenants may pay rent into escrow under the City Rent Withholding Act (Act of Jan. 24, 1966, P.L. 1534, No. 536). (Pugh v. Holmes (per AG guide); Landlord and Tenant Act § 206 (68 P.S. § 250.206))
Can a landlord retaliate against a tenant for complaining in Pennsylvania?
No general statewide anti-retaliation statute. Limited protections: a lease may not be terminated or non-renewed because of participation in a tenants' association (§ 205); retaliation for exercising rights under the Utility Service Tenants Rights Act is prohibited (68 P.S. § 399.11). (68 P.S. § 250.205; 68 P.S. § 399.11 (per AG guide))
Is there rent control or a limit on rent increases in Pennsylvania?
No statewide rent control or rent-increase cap, and no statute that expressly bans local rent control. No statute authorizes it either, and home-rule municipalities may not set duties or requirements for businesses unless a statewide statute expressly allows it, so a local rent cap would face a serious legal challenge. (53 Pa.C.S. § 2962(c)(2), (e), (f) (Home Rule Charter and Optional Plans Law))
Can a landlord change the locks or shut off utilities in Pennsylvania?
Self-help eviction is prohibited: a landlord may not change locks or shut off utilities to evict; the landlord must use the court process. (PA AG Consumer Guide (Part V.C); Landlord and Tenant Act Art. V)
What is the small claims court limit in Pennsylvania for a deposit dispute?
$12,000 (magisterial district judge civil jurisdiction, exclusive of interest and costs) (42 Pa.C.S. § 1515(a)(3))
How do you remove a squatter in Pennsylvania?
Since 2024, the Landlord and Tenant Act (including its notice-to-quit and eviction procedure) does not apply to a person who is not, and never has been, a tenant. A 'tenant' is defined as someone occupying another's premises with the owner's express or implied consent (e.g., oral or written lease or acceptance of rent by the owner/agent). So an owner is not required to use the landlord-tenant eviction process against an occupant who was never a tenant; the Act itself does not set out an alternative police-removal or affidavit procedure. (68 P.S. 250.102 ('Tenant'), 250.501(g), 250.603 (Act of July 17, 2024, P.L.944, No.88))
What can a landlord do with a tenant's abandoned property in Pennsylvania?
Property may be deemed abandoned if the tenant vacated after a written lease ended; an eviction/possession order was entered and the tenant vacated and removed substantially all property; an eviction order was executed; the tenant gave a forwarding address and vacated; or the tenant vacated without intent to return, rent is 15+ days late, and the landlord posted notice of the tenant's rights. Before removing or disposing, the landlord must send written notice by first-class mail to the premises and any forwarding/emergency address, substantially in the statutory form. The tenant has 10 days from the postmark to retrieve the property or ask that it be stored up to 30 days from the notice date (tenant pays storage; landlord must use ordinary care). If the landlord knows of a protection-from-abuse order, it must hold the property 30 days. Never dispose of property in inhabited premises. Violations: treble damages and attorney fees. Deceased tenants' property goes through probate law instead. (68 P.S. 250.505a (Landlord and Tenant Act s. 505.1))
Is there a limit on rental application fees in Pennsylvania?
No statute - Pennsylvania has no statewide cap or refund rule for rental application or screening fees. (Landlord and Tenant Act of 1951, 68 P.S. 250.101 et seq.)
What rental fees are banned or limited in Pennsylvania?
No statewide statute limiting move-in, convenience or other rental fees in the Landlord and Tenant Act. (68 P.S. 250.101 et seq.)
When can a tenant break a lease without penalty in Pennsylvania?
Death of a sole tenant: the executor or administrator may terminate the residential lease on 14 days' written notice, effective the later of the last day of the second calendar month after the month of death or surrender of the unit with all belongings removed; the estate owes rent and debts through termination but no penalty for early termination (applies to leases entered or extended after the 2016 amendment). No state medical/disability or senior-care termination right found in the Act. (68 P.S. 250.514 (Landlord and Tenant Act s. 514, added 2016, P.L.968, No.116))
Can an eviction record be sealed or removed in Pennsylvania?
No statewide sealing law yet. HB 1095 (limited access to eviction information, amending Title 42) passed the House 105-98 on June 23, 2025 and was reported as amended by Senate Judiciary on Oct. 19, 2026 and re-referred to Senate Appropriations on Oct. 20, 2026, which re-reported it as committed the same day (21-1). It still needs Senate final passage, House concurrence in the Senate amendments and the Governor's signature - not enacted as of Oct. 23, 2026. (2025-2026 HB 1095 (pending))
Can a landlord refuse Section 8 vouchers in Pennsylvania?
No statewide protection. The Pennsylvania Human Relations Act covers race, color, familial status, age, religious creed, ancestry, sex, national origin, handicap/disability and guide/support animal use, but not source of income or voucher use. (43 P.S. 955(h) (PHRA s. 5(h)))
Do tenants have a right to a free lawyer in eviction cases in Pennsylvania?
No statewide right to counsel in eviction cases. (68 P.S. 250.501-250.513)
What does a Pennsylvania notice to pay rent or quit have to include?
Written notice to quit stating that the tenant must remove within 10 days from the date of service for failure, upon demand, to pay rent due. (Mobile home park residents: 15 days if served April 1 - Aug. 31, 30 days if served Sept. 1 - March 31.) Service: personally on the tenant, by leaving it at the principal building on the premises, or by posting it conspicuously on the leased premises. The lease may shorten or waive the notice. (68 P.S. 250.501(a)-(c), (e)-(f))
What does a Pennsylvania notice to end a month-to-month tenancy have to include?
Written notice to quit specifying that the tenant must remove within 15 days from service if the lease is for one year or less or for an indeterminate time (covers month-to-month), or within 30 days if the lease is for more than one year. Service: personally, by leaving it at the principal building on the premises, or by conspicuous posting. The lease may provide for a shorter notice or a waiver. Mobile home park spaces follow separate rules and require cause. (68 P.S. 250.501(b), (e), (f))
What must a Pennsylvania security deposit itemization include?
Within 30 days after the lease ends or the premises are surrendered and accepted (whichever is first), the landlord must give the tenant a written list of damages claimed, accompanied by payment of the deposit (plus any unpaid interest) minus actual damages; the deposit may also be withheld for unpaid rent or other lease breaches. Failure to send the list within 30 days forfeits the right to withhold any of the deposit or to sue for damages; failure to pay the balance makes the landlord liable for double the amount wrongfully withheld (landlord bears burden of proof). The tenant must give a new address in writing or the landlord is relieved of liability. No delivery method specified. Waivers void. (68 P.S. 250.512 (Landlord and Tenant Act s. 512))
How long does a landlord have to sue for unpaid rent in Pennsylvania?
Written lease: 4 years (an action on a contract, obligation, or liability founded on a writing). Oral lease: 4 years (an express contract not founded on a writing). Exception: a written instrument under seal has a 20-year limit. (42 Pa.C.S. §§ 5525(a)(3), (a)(8); 5529(b)(1))
Can a landlord accept rent during an eviction in Pennsylvania?
No statute — the Landlord and Tenant Act of 1951 has no rule on whether accepting rent after a notice to quit waives the notice. Courts decide this under common law. By statute, in a case based only on unpaid rent, the tenant can stop the eviction at any time before the writ of possession is carried out by paying the rent owed plus costs to the constable or sheriff. (68 P.S. § 250.503(c) (Act of Apr. 6, 1951, P.L. 69, No. 20, § 503(c)); Act checked)
Can you be evicted in the winter in Pennsylvania?
No general winter limit on residential evictions. For mobile-home-park lots only: a nonpayment notice to quit must give 30 days if served from September 1 through March 31 (15 days if served April 1 through August 31). (68 P.S. § 250.501(c))
Can a landlord give notice by text or email in Pennsylvania?
A notice to quit may be served personally on the tenant, left at the main building on the premises, or posted conspicuously on the rental. The lease may shorten or waive the notice period. No statute authorizes email or text notices. (68 P.S. § 250.501(e)-(f))
How much notice is required for a rent increase in Pennsylvania?
No statute — Pennsylvania sets no notice period or cap for rent increases. A landlord raises rent at the end of the term or by ending a month-to-month tenancy; the notice to quit at term end is 15 days for leases of 1 year or less or of indefinite length, and 30 days for leases over 1 year, unless the lease says otherwise. (68 P.S. § 250.501(b), (e); Act checked)
Does a landlord have to give a copy of the lease in Pennsylvania?
No statute — the Landlord and Tenant Act of 1951 does not require the landlord to give the tenant a copy of the lease or to disclose the owner or manager. (Landlord and Tenant Act of 1951 (68 P.S. § 250.101 et seq.) checked)
What are tenants' rights in a foreclosure in Pennsylvania?
No state statute found — the Landlord and Tenant Act of 1951 has no foreclosure or sale protections for tenants beyond the federal PTFA. (Landlord and Tenant Act of 1951 checked)
Does a landlord have to fix mold in Pennsylvania?
No statute — Pennsylvania has no mold disclosure, remediation or exposure-standard law for rentals. Conditions such as mold are governed by the court-created implied warranty of habitability, which requires the landlord to keep the unit fit and habitable and to fix serious defects affecting safety or the ability to live there; the duty cannot be waived by the lease. (Implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)), as described in the PA Attorney General's Consumer Guide to Tenant and Landlord Rights)
Who pays for pest control and bed bugs in Pennsylvania?
No statute — no state bed-bug or pest law for rentals. The Attorney General lists rodent infestation as an example of an uninhabitable condition under the implied warranty of habitability; the tenant must notify the landlord and allow a reasonable opportunity to fix it. (Implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)); PA AG Consumer Guide, Part IV.C)
Does a landlord have to provide heat in Pennsylvania?
No state statute sets a heat requirement or minimum temperature for rentals. Lack of heat in winter is treated as an uninhabitable condition under the implied warranty of habitability. (Implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)); PA AG Consumer Guide, Part IV.C)
Does a landlord have to provide air conditioning in Pennsylvania?
No state requirement to provide air conditioning or a maximum indoor temperature. (Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq. (no provision))
What can a landlord deduct from a deposit for cleaning or damage in Pennsylvania?
Not defined by statute. Within 30 days after the lease ends or the premises are surrendered and accepted, the landlord must give a written list of damages the tenant is claimed to be liable for, with payment of the difference between the deposit (plus unpaid interest) and the 'actual damages to the leasehold premises caused by the tenant.' The landlord may also keep the deposit for unpaid rent or other lease breaches. The landlord has the burden of proving actual damages. (68 P.S. § 250.512)
Can a landlord put cameras in or around a rental in Pennsylvania?
No landlord-specific statute. Viewing or recording a person without knowledge and consent, for sexual gratification, while the person is fully or partially nude in a place with a reasonable expectation of privacy (or recording intimate parts not intended to be publicly visible) is criminal invasion of privacy. Intercepting oral, wire or electronic communications is a third-degree felony unless all parties consent (two-party/all-party consent state). (18 Pa.C.S. §§ 7507.1, 5703, 5704(4))
Can a landlord limit guests or roommates in Pennsylvania?
In tenement buildings and multiple dwelling premises (three or more households), tenants have a non-waivable right to invite social guests, family or visitors for a reasonable period of time, and business visitors, tradesmen and deliverymen, as long as tenant obligations are observed; the landlord may not charge any fee or extra rent for exercising these rights. Tenants must not let persons on the premises with their permission willfully damage the property or disturb other tenants. No statewide occupancy limit or roommate statute. (68 P.S. §§ 250.501-A, 250.503-A, 250.504-A)
Can a landlord deny a service or emotional support animal in Pennsylvania?
The Pennsylvania Human Relations Act makes it unlawful to refuse to lease housing, or to discriminate in terms, because of disability or because of the use of a guide animal (blindness or deafness) or support animal (physical handicap), or because a person is a handler or trainer of guide or support animals; inquiries and records about such animal use in connection with a lease are restricted. Pennsylvania has no statute specifically on emotional support animal documentation, misrepresentation penalties or pet-fee limits. (43 P.S. § 955(h)(1), (h)(6) (PHRA § 5(h)))
Official resources for Pennsylvania
- PA Attorney General - Consumer Guide to Tenant and Landlord Rights (v1.1, 2022)
- PA General Assembly - Landlord and Tenant Act of 1951
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.