Landlord-Tenant Laws in Pennsylvania

Landlords and tenants have rights and responsibilities. However, most people are unaware of the applicable laws, preventing them from getting adequate legal support. This article provides some insight into the legal responsibilities of both landlords and tenants.

What Are the Landlord-Tenant Laws in Pennsylvania?

The general principles of contract, legislation and case law govern landlord-tenant relationships. The primary one is the Landlord and Tenant Act of 1951. Although it was enacted about seven decades ago, the state legislation has been amended and interpreted to suit contemporary demands. It addresses various aspects of tenancy relationships, such as:

• Rights of Landlords and Tenants;
• Rent and Security Deposits;
• Protection of a Tenant’s personal property;.
• Notice Requirements for Evictions;
• Lease Terms and Provisions;

Other important statutes include the Pennsylvania Human Relations Act (PHRA), the Fair Housing Act and the Fair Credit Reporting Act. While indirect, these laws may have significant implications.

Rights as a Landlord in Pennsylvania

As a landlord, you have some rights and responsibilities. Landlord rights in PA include:

1. Right to Evict Tenants

As a landlord, you have the right to evict tenants under certain circumstances, such as when the tenant violates lease terms, fails to pay rent or conducts an illegal activity on the premises. However, you must follow the legal eviction process. Generally, you must give the tenant proper notice, and in most instances, obtain a court order.

2. Right to a Security Deposit

A landlord has the right to collect a security deposit, which is money that belongs to the tenant, but the landlord holds it to protect themselves against unpaid rent or damages. The tenant pays the money for the entire duration of the lease. When the lease ends, the landlord returns it to the tenant, deducting the cost of damages or rent arrears.

3. Right to Seek Legal Remedies

You may seek legal remedies to protect your interests and enforce your rights under the lease agreement and applicable laws. For example, you may take legal action to recover unpaid rent or damages for lease violations or evict a tenant.

4. Provision of Safe and Livable Housing

Rights come with responsibilities — for landlords, a common example is providing safe and livable housing. This obligation requires you to maintain the rental property in a habitable condition, free from health hazards. You must make the necessary repairs and maintain the common areas, ensuring the basic safety standards are met.

Rights as a Tenant in Pennsylvania

Tenants also have various rights and responsibilities. Tenant rights in PA include:

1. Right to Privacy

You have a right to quiet and peaceful enjoyment of the property as a tenant. Your right to privacy means the landlord must provide reasonable notice before entering the property, except in emergencies. The aim is to ensure you enjoy the property without unwarranted intrusion.

2. Right to Withhold Rent

You may have the right to withhold rent in certain instances, like when the landlord fails to make the necessary repairs or maintain the property in a habitable condition. However, it is important to follow specific procedures, such as providing notice of the issues and allowing the landlord a reasonable time to make the repairs. It is advisable to consult legal counsel before withholding rent to ensure the correct legal process is followed.

3. Protection Against Retaliation

Specific laws protect tenants against retaliation by landlords for exercising their rights. For example, if you report your landlord for health and safety violations or join a tenant association, they cannot terminate or refuse to renew the lease on those grounds. If they do so, you may have grounds for legal action.

4. Right to Fair Housing

You have the right to fair housing, meaning the landlord must not discriminate against you based on color, race, national origin or other protected characteristics. You may enforce this right under the federal Fair Housing Act and the PHRA, but seeking legal advice before taking any step is crucial.

5. Payment of Rent

You are responsible for paying rent on time and according to the lease agreement. Your payment obligations typically depend on the type of lease, whether periodic, like month-to-month, or fixed term. Failure to pay your rent can result in eviction proceedings and legal action to recover rent and possession.

6. Maintenance of Property

Leases in Pennsylvania come with an implied warranty of habitability, and that responsibility is on the landlord. However, the tenant must also ensure the rental property is clean and in good condition. This obligation includes conducting minor repairs and notifying the landlord promptly of major issues.

7. Complying With the Lease Terms

Tenants must adhere to the lawful terms of the lease agreements. Therefore, it is important to understand key provisions like the rent amount, due dates and rules regarding the use of the property. Remember to read the lease carefully before signing. Seeking legal assistance can help you get clarity on unclear terms.

What a Landlord Cannot Do in Pennsylvania

Here are some of the things landlords cannot do in PA:

• Illegal eviction: Eviction is permitted, but it must be done strictly according to the legal process.
• Discrimination: Landlords cannot discriminate against tenants based on the rights defined in the FHA.
• Retaliation: Landlords cannot retaliate against tenants for exercising their legal rights.
• Invasion of privacy: Tenants are entitled to their privacy. Landlords typically cannot enter the property without proper notice.
• Harassment: Landlords cannot harass tenants through excessive communication, threats or intimidation.
• Excessive rents: Landlords cannot impose rent increases that violate the lease agreement of local rent control laws, where applicable.

What Tenants Cannot Do in Pennsylvania

Prohibited tenant actions include:

• Illegal subletting: Tenants cannot typically sublet or assign the leased property without the landlord’s consent.
• Nonpayment of rent: Tenants cannot refuse to pay or withhold rent without a lawful justification.
• Engaging in illegal activities: Tenants cannot engage in unlawful activities on the property, like drug use or trafficking.
• Violating the lease terms: Tenants cannot willingly violate the lawful lease terms, which may incur legal sanctions.
• Refusing to allow landlord access: Tenants cannot unreasonably refuse to let the landlord access the property for inspections, repairs or other lawful purposes.
• Causing damage to the property: Tenants cannot cause intentional damage to the property. Negligence can also result in adverse legal consequences.

Why Trust Us?

If you need experienced attorneys for your landlord-tenant legal matters, MPL Law is your ideal partner. We understand these issues can be challenging, but our lawyers are ready to assist. We provide clear, reliable legal guidance tailored to each situation. Our practice emphasizes transparency and responsiveness so you can make informed decisions each step of the way.

Our commitment to integrity and professionalism means you can trust us to find practical solutions, whether you are a tenant or landlord. We are knowledgeable and stay updated with regulations to provide accurate legal consultation and support. With a proven track record of success, we are here to help you achieve the best possible outcome in your legal matters. Choose MPL Law for trusted, compassionate legal support.

Get Landlord-Tenant Legal Services From Experienced Lawyers

Are you facing landlord-tenant issues or need legal support? Reach out to MPL Law. Our attorneys can help you navigate your situation with confidence. We have over 30 years of experience, serving clients in York County, PA, and beyond. Contact us now to start a long-lasting partnership!