Understanding Pennsylvania landlord-tenant law is essential for property owners and renters across the state. Here's a breakdown of what you need to know about Pennsylvania security deposits, late rent, evictions, and much more.
Pennsylvania law is generally permissive regarding tenant screening processes and fees, placing few limitations on what information a landlord can request.
There is no state law in Pennsylvania that prohibits landlords from charging an application fee, and there is no statutory limit on the amount. The fee is typically considered non-refundable, regardless of whether the applicant is approved.
A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Pennsylvania landlords are free to charge reasonable amounts for tenant screening reports.
Pennsylvania does not have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.
All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental.
Federal fair housing laws prohibit landlords from discriminating on the basis of:
Pennsylvania's fair housing law, adds the additional protected categories of age, ancestry, and the use of a guide or support animal. (43 Pa. Cons. Stat. § 953 (2025).) To learn more about fair housing in Pennsylvania, visit the website of the Department of Community & Economic Development.
Pennsylvania law sets a statutory limit on how much landlords can charge for a security deposit based on the length of the tenancy.
During the first year of a lease, a landlord may require a security deposit of no more than two months' rent. At the beginning of the second and subsequent years of a lease, the landlord may not keep a security deposit equal to more than one month's rent, and must return any deposit collected exceeding this limit to the tenant.
When a tenant has lived in the rental for five years or longer, the landlord can't raise the security deposit just because the rent has been raised.
(68 Pa. Cons. Stat. § 250.511a (2025).)
After a landlord has held the security deposit for two years, all security deposit funds over $100 must be placed in an interest-bearing escrow account. The landlord must compute and pay the interest to the tenant annually, on the anniversary date of the lease. The landlord is permitted to retain an amount equal to one percent of the deposit as an administrative fee. (68 Pa. Cons. Stat. § 250.511b (2025).)
Pennsylvania landlords can apply the security deposit only toward unpaid rent and damage to the rental that goes beyond normal wear and tear. The landlord must return the remaining deposit balance or provide the tenant with a written notice itemizing any deductions within 30 days of the end of the tenancy and the tenant providing a forwarding address.
If the landlord doesn't return the deposit or provide the itemized list as required, the tenant is entitled to sue for damages in an amount equal to double the amount of the deposit wrongfully withheld. (68 Pa. Cons. Stat. § 250.512 (2025).)
In Pennsylvania, rent is due on whatever day the landlord and tenant agree to.
Pennsylvania doesn't require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.
Pennsylvania landlords can charge late fees, and there is no statutory cap on how much they can charge. However, most judges won't enforce unreasonable late fees. In general, a late fee will be considered reasonable as long as it doesn't exceed 4%-5% of the rent and has an upper limit.
In many states, landlords must disclose specific information to tenants and potential tenants. Pennsylvania landlords must disclose information about the security deposit account. Specifically, if the security deposit exceeds $100, the landlord must notify the tenant in writing of the name and address of the bank or trust company where the deposit is being held. (68 Pa. Cons. Stat. § 250.511b (2025).)
Pennsylvania landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so. For month-to-month tenancies, there's no required notice period set in state law to raise rent.
Landlords must provide tenants with a habitable rental throughout the tenancy. This duty is often referred to as the "implied warranty of habitability."
In Pennsylvania, the courts have ruled that this implied warranty cannot be waived and requires the landlord to provide a dwelling that is safe, sanitary, and reasonably comfortable for living. This includes, but is not limited to, maintaining:
(Pugh v. Holmes, 405 A.2d 897 (Pa. 1979).)
When a landlord breaches the implied warranty of habitability, the tenant must provide notice to the landlord with a description of the problem and a request that the landlord fix the condition within a reasonable time. If the landlord fails to act, the tenant may do one of the following:
Pennsylvania courts advise tenants to seek legal counsel before withholding rent or moving out, as improper use of this remedy can still result in eviction proceedings.
Tenants are entitled to quiet enjoyment of their property, meaning that the landlord can't enter without notice or permission unless there's an emergency. In Pennsylvania, there is no state statute specifying the exact amount of notice required, but, in general, courts require landlords to give tenants reasonable notice of their intent to enter, and must enter only at reasonable times. 24 hours' notice is considered reasonable in most situations.
Tenants can't unreasonably withhold consent for the landlord to enter to inspect, make necessary repairs, or show the rental to prospective tenants or purchasers.
Pennsylvania landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.
Either the landlord or the tenant can end a month-to-month tenancy for no reason by giving the other party 15 days' written notice. (68 Pa. Cons. Stat. § 250.501 (2025).)
A landlord who wants to evict a tenant before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Before the landlord can file an eviction lawsuit in court, they must give the tenant one of the following notices:
(68 Pa. Cons. Stat. § 250.501 (2025).)
If the tenant doesn't take the action required by the notice or move out before the termination deadline, the landlord can file an eviction lawsuit in court.
Under Pennsylvania law, landlords can't take self-help measures to evict a tenant. For example, a landlord can't lock the tenant out of the rental or cut services such as heat, running water, electricity, gas, or other essentials.
If you want to read the text of a law itself, visit the website of the Pennsylvania General Assembly.
Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Pennsylvania and then do a search when you're on the site.
Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Pennsylvania.
Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Pennsylvania. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.
The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the Library of Congress's legal research site.
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