Pennsylvania tenant rights

Guides for Pennsylvania renters

Cities in Pennsylvania with their own rules

These cities add rules on top of Pennsylvania law, such as rent control or relocation payments.

Security deposit in Pennsylvania

Limit

Two months' rent during the first year of the lease. One month's rent in the second and later years (or any renewal). After you have lived there 5 years, a rent increase can't be used to raise the deposit.

Deadline to return it

Within 30 days after the lease ends or after you move out and the landlord accepts the keys, whichever comes first, the landlord must send a written list of damages and the rest of the deposit. You must give your new address in writing; if you don't, the landlord is not liable under this law.

Itemized list

A written list of any damages the landlord claims, sent with the refund within 30 days. If the landlord doesn't send the list in time, the landlord loses the right to keep any part of the deposit for damages and can't sue you for damages. The landlord may still keep money for unpaid rent. The landlord has the burden of proving damages. Receipts are not required by the law.

What may be deducted

Actual damage to the unit caused by you, unpaid rent, and other lease breaches.

Interest

After 2 years. For deposits over $100 held past the second anniversary, the money must be in a bank escrow account and you get the interest earned each year on your lease anniversary, minus a 1% per year fee the landlord may keep (Act section 511.2).

Separate account

For deposits over $100, the law requires a bank escrow account and a written notice to you of the bank's name and address and the amount; the section says it applies after the second anniversary of the deposit. The landlord may post a bond instead (Act sections 511.2, 511.3).

If the landlord keeps it wrongly

Double the amount wrongly withheld (twice the amount by which the deposit plus interest exceeds the actual damages). A landlord who misses the 30-day list also forfeits the right to keep any of the deposit for damages.

Law

68 P.S. §§ 250.511a-250.512 (Act sections 511.1-512)

How to get your deposit back

1. Before you move out, clean, take dated photos and video of every room, and return all keys.
2. Give your landlord your new address in writing. In Pennsylvania: You must give your new address in writing; if you don't, the landlord is not liable under this law.
3. Wait for the deadline: Within 30 days after the lease ends or after you move out and the landlord accepts the keys, whichever comes first, the landlord must send a written list of damages and the rest of the deposit.
4. If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
5. If that doesn't work, sue in small claims court. Limit: $12,000 in Magisterial District Courts and Philadelphia Municipal Court. Small claims court in Pennsylvania on RobinClaim

Full Pennsylvania security deposit guide

Repairs in Pennsylvania

The landlord's duty

No single statute lists the landlord's repair duties. Pennsylvania courts recognize an implied warranty of habitability in residential leases (Pugh v. Holmes, Pa. Supreme Court 1979). Local housing codes also apply.

How to ask for repairs

Ask in writing and keep a copy. Report serious problems to your local code enforcement or health department. No statute sets a deadline for the landlord.

Repair and deduct

No statute. Pennsylvania courts have allowed it under the implied warranty of habitability, but it is risky without legal advice.

Withholding rent

Only in limited cases by statute: under the Rent Withholding Act, if a city or local agency certifies your home as unfit to live in, you may pay rent into an escrow account instead of to the landlord. This applies in certain cities, not everywhere. Get legal help before withholding.

Law

Pugh v. Holmes, 405 A.2d 897 (Pa. 1979) (case law); Rent Withholding Act, 35 P.S. § 1700-1; Act section 206

Full Pennsylvania repair rights guide

Landlord entry in Pennsylvania

No statute. Pennsylvania state law does not set a notice period for landlord entry; check your lease and local ordinances.

Eviction in Pennsylvania

Notice for unpaid rent

10-day written notice to quit for unpaid rent. Warning: Pennsylvania law lets a lease shorten or waive this notice, so read your lease. The notice may be handed to you, left at the building, or posted on the home.

Notice for a lease violation

15 days' notice for a lease breach if the lease is for one year or less (or no set term); 30 days if the lease is longer than one year. No right to cure is stated. These periods can also be shortened or waived in the lease.

Ending a month-to-month tenancy

15 days' written notice from the landlord to end a month-to-month (indeterminate) tenancy. The statute does not set a notice for tenants; check your lease.

Time to respond to an eviction lawsuit

The magisterial district judge sets a hearing 7 to 10 days after the summons is issued. Go to the hearing. If you lose, you have 10 days to appeal to the Court of Common Pleas, and must pay rent into escrow to stop the eviction. In nonpayment cases you can stop the lockout by paying the back rent and costs before the writ is carried out.

Lockouts and utility shutoffs

No state statute expressly bans lockouts or utility shutoffs; the Act calls itself the complete system for evictions, which go through the courts. Only a constable or sheriff acting on a court writ can remove you. Philadelphia and some cities have their own bans. Get legal help if locked out.

Court self-help

The court's eviction self-help page

Law

Act sections 501-503, 513 (68 P.S. §§ 250.501-250.503, 250.513)

Full Pennsylvania eviction guide

Small claims court in Pennsylvania

Deposit disputes usually go to small claims court, where you don't need a lawyer.

Limit: $12,000 in Magisterial District Courts and Philadelphia Municipal Court.

Where to get free help in Pennsylvania

• Unified Judicial System of Pennsylvania: Representing Yourself
• Pennsylvania Landlord and Tenant Act of 1951 (official text)

Good to know in Pennsylvania

• Your lease can shorten or waive the eviction notice periods, so read it carefully before signing.
• If the landlord doesn't send a damage list within 30 days, the landlord loses the right to keep your deposit for damages.
• To appeal an eviction you have only 10 days, and you must deposit rent with the court to stay in your home.

Free tools for Pennsylvania renters

Pre-set for Pennsylvania. Free, no account needed.

Deposit return calculator for Pennsylvania

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed.

Security deposit demand letter for Pennsylvania

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Repair request letter for Pennsylvania

Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.

Eviction notice timeline for Pennsylvania

Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.

Other states