Let’s give it to Pennsylvania, which is the first state to list the state website on their license plates!
From chocolate to brotherly love, PA has something for everyone. Pennsylvania landlord tenant laws are widely considered balanced, however some of the larger cities such as Philadelphia have their own tighter criteria and it is important to check your cities laws and not just the state rules. However, below is a summary of the Quaker state’s landlord-tenant regulations.
At a Glance:
Late Fees: While there are no specific written laws limiting what can be charged for a late fee, they can not be so high as to be considered punitive.
Security Deposit: During the first year of the tenancy an amount equal to 2 months can be required, however, only 1 month for all years thereafter.
Returned Payment Fee Limit: No more than a $50 fee may be charged unless the bank charges more.
Notice to Enter: Pennsylvania has no stated law regarding notice to enter the rental unit.
Late Fee/Returned Check Fee:
The amount of a late fee is not limited by the Pennsylvania landlord tenant statutes. However, if they are excessive, they can come under the Pennsylvania Unfair and Deceptive Practices Act. It would be up to a judge. But in order to make sure you stay out of “hot water”, be sure that you keep those fees reasonably related to the costs.
In Pennsylvania, returned payment fees may not exceed $50. However, if your bank or financial institution charge more, you may also charge to your renter that fee.
Do you know how to avoid late or returned fees altogether? By using SparkRental’s rent automation service or their one-of-a-kind RENTDEDUCT™, deduction from payroll service!
Security Deposits:
Pennsylvania security deposits can be a bit complex. Although, an amount equal but no more than two months’ rent can be collected; it may only be held for damages or default for the first year of the tenancy. After that, only one month may be deposited.
Your renter is entitled to interest after the 2nd year when you received the deposit. The landlord may keep as administrative expenses, 1% per annum with the balance paid to the renter on the 3rd anniversary of the beginning of the tenancy.
Security deposits in excess of $100 must be held in a separate escrow account. The landlord must notify the renters of the name and location of the financial institution in writing.
Returning the deposit: The landlord MUST provide the renter either the entire security deposit; a partial security deposit with an accounting statement of each and every deduction or no deposit with a complete accounting of all of the deductions. This must be sent to the renter’s last known address and before the end of 30 days.
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Maintenance:
In Pennsylvania, the landlord is responsible for making sure that the rental property is safe, sanitary and fit for human habitation. This includes things like safe drinking water, heat when it is cold, working sewer, safe and operational electrical system, functionable smoke detector, non-infestation of pests, safe and working lock on the entrance door, and overall safe home structure. This does not mean that the landlord must pay for these services, but the systems must be in order.
Right of Entry:
There are no statutes in Pennsylvania that dictate when an advanced written or verbal notice is needed to enter the rental unit. Reasonable notice, however should be used accept under emergency circumstances or if the landlord has reasonable knowledge of abandonment of the rental unit.
Notice to End Lease:
For tenancies except those for mobile homes, notice is needed as follows, unless otherwise written into a lease:
- Leases for under on year or for an unstipulated time -15 days’ notice is needed to end the tenancy.
- Leases that are for more than one year -30 days’ notice is needed to end the tenancy.
- Leases on a month to month basis – 30 days’ notice is needed to end the tenancy.
Eviction:
In Pennsylvania for violations of the lease including non-payment of rent, a notice must be served to the tenant before filing for an eviction. The notice period is ten days. However, if the lease includes a “waiver of notice”, the tenant is automatically placed on notice of an eviction and the landlord may file in court without a written notice to the tenant.
FYI: The SparkRental Pennsylvania Lease Agreement contains this Waiver of Notice.
Read more about the eviction process for landlords, so you’ll know how to lay the groundwork for enforcing your lease agreement!
Questions? Ask a Pennsylvania Attorney!
Have questions about Pennsylvania landlord-tenant laws? We have you covered. Ask in the box below, to have your questions answered by real, live, flesh-and-blood attorneys!
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were in the process of moving this month of September, we’re moving in the middle of the month. we discussed move in fees and everything. my mother had the lady write down an estimate of move in fees. she did exactly that stating what each fee was for and we had our number. no where in her writing did she include next months rent (october) in her estimate. after we put a 500
non refundable hold on the apartment, she sends us an email with the fees associated to move in, which include October’s rent. rather than us paying our prorated September’s rent plus security and pet deposit totaling close to 3000, October has now been included in that despite her not putting it in writing when my mother asked her for an estimate the week before. this was the first of us hearing about October. it’s not even here yet and we knew we’d be paying it first of October but now they’re saying at move in?!. they have it written up in the email as follows. money due at move in is prorated September plus october, totally about 2660. security deposit of one month rent is to be paid separate but doesn’t mention when, it’s not included with what’s needed on move in day but doesn’t say it’s NOT either. it’s like they tried to be slick how they wrote it up when they thought they weren’t getting enough money. what can we do about it if anything? because her own writing she’ll have to account for doesn’t mention paying next months rent along with prorated rent. I’ve heard of paying first months rent the first month and prorated rent the second month but telling us we’ll be paying the prorated, pet & security deposit AND next month, AFTER you get our holding deposit and 3 days before move in, that’s just not okay. And I have to mention once more her hand written estimate that we have, if it matters at all, doesn’t include a whole extra months rent. I don’t think that’s something that gets easily forgotten to mention. move in will be September 19th. if after a certain point in the month they charge next month as well (which makes no sense as that’s the whole point of prorated rent), is it not their legal obligation to actually tell us that? rather than just put it in with the move in fees as if that’s what’s been discussed or forewarned? for all they know we would’ve wanted to go somewhere else if we knew they charged next months along with the prorated rent. I’m in Pennsylvania, is there anything we can do or compromise?
Can your landlord charge a late fee of $100 if your rent is $900.How many late fees are a landlord supposed to charge
May 12 we Sidney 1 year lease. June 1 moved in. Shortly after utilities connected and moving truck gone. We are verbally asked if we were informed of the property is going up for sale. NO we were not told when we called the rental agaent. She said “how do you think I feel my name is not on the sign out front”. My husband is consider at risk we have told them this but we still have to leave for the house to be shown. Can we get out of the year lease. We I asked the owner she says we have to pay the rent until she finds another renter. The other tenant left (this is a duplex) and they have not rented that side I don’t see them renting this side.
Can my landlord charge late fees if I withhold rent due to an inhabitable unit? There has been no hot water(utilities are included in our rent) for several days and I informed them that I would withhold rent in accordance with my PA tenant’s rights. They threatened exorbitant late fees if I did… This sounds like retaliation for exercising my rights to me. is that legal?
Our lease say we have 10 days to pay rent now our landlord is charging us a 50$ late fee if rent is not paid by the 4th day of the month without notifications. Can he do that