To find out more about the ways in which a Pennsylvania real estate lawyer can offer assistance with the process of protecting your rights as a landlord of a commercial property, and the ways in which an attorney can help you to evict a tenant, give us a call at 610-834-8819 or contact us today. Security Deposits Discriminatory acts & penalties. For specifics, see Pennsylvania Tenant Rights to Withhold Rent or “Repair and Deduct”. In Pennsylvania, they have several options if their landlord doesn’t take action or make repairs in a timely fashion. If the landlord did not return any remaining security deposit plus interest to the tenant, the tenant can recover twice the amount of deposit that was wrongfully withheld. 7 E-mail: info@LHOP.org. Pennsylvania small claims court will hear rent-related disputes valuing up to $12,000 including eviction cases. This new law is called "implied warranty of habitability" and gives tenants more rights than the old law did. If the inspector declares the home to be uninhabitable, the tenant does not need to keep paying rent on the property. If your property is located in Pennsylvania, here's what you need to know to put together a lease that is in alignment with the PA lease agreement laws! That means a two-bedroom house technically has space for up to four people. Right to Render Services; Notice. American Heritage Property Management Tenant rights and obligations, including tenant at will and how to … Pennsylvania has state-level protected that prohibits discrimination based on age or pregnancy status. As a tenant, it's a good idea to read your lease carefully before signing it and to ask questions if you don't understand what something means. Pennsylvania's landlord-tenant laws provide rights to both parties in the event of a dispute. Tenant Resource Guide. Tenants Protected. The right to quiet enjoyment of a property for a tenant means that a landlord doesn’t have the right or permission to enter the property whenever they want. In Pennsylvania, apart from paying rent, tenants must: Pennsylvania landlords may evict tenants for the following reasons: Pennsylvania does not have any rules on how eviction of at-will tenants is supposed to work. Section 506-B. Landlords are prohibited from evicting tenants in retaliation or as a form of discrimination. 1176, No. Tenants have the right to get their security deposit back when they move out. [PDF] Content Detail. You cannot lock tenants out or shut off their utilities. It’s about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. What Are a Tenant’s Rights in Pennsylvania? Section 503-B. Philadelphia courts have different rules and allow small claims cases of any value. Pennsylvania rental property laws extend to a tenant’s use and enjoyment of a home after they’ve signed the lease, received the keys and moved in their belongings. Pennsylvania Laws on Retaliation Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Landlords have rights and responsibilities. It might seem like a lot of work to remember all of Pennsylvania’s landlord and tenant laws. The Fair Housing Center at Lancaster Housing Opportunity Partnership, as a public service, has prepared a manual for tenants and landlords. Your landlord may enter your apartment without violating your PA tenant rights if emergency repairs are needed and giving notice would lead to further damage to possessions or danger to tenants. What about your rights as a tenant? In 1979, the Pennsylvania Supreme Court Section 507-B. If 30 days comes and goes without a response, the landlord forfeits their right to sue you for any damage to the property (if there is any). [PDF] Content Detail. This manual is not intended as a substitute for proper legal advice. Tenants’ Rights. This area of law is essential to renting an apartment or house. If you own and lease property in Central Pennsylvania, you’ll want to have a grasp of tenant rights in Pennsylvania under the  Landlord and Tenant Act. Under the law, tenants don’t have the right simply to stop paying rent, though. Tenant/Landlord Rights & Responsibilities Manual. The three categories that saw the most complaints were disability, race and family status. Tenant rights when a house is for sale vary state by state, but a violation could cause delays for the seller or worse, trigger legal recourse from the wronged tenant. Emergency entry is usually understood to be permissible without prior notice. Notice requirements. Information from North Penn Legal Services on Tenants' rights in dealing with a bed bug problem. Pennsylvania Landlord Tenant Law protects both tenants and landlords by establishing basic regulations for the rental of residential property. Is Pennsylvania a “Landlord Friendly” State? Your landlord can’t sue you. Pennsylvania's Tenants Rights to Withhold Rent. On the other hand, there are also cases where the two people per bedroom standard doesn’t apply if more people are living in a property. Under the Fair Credit Reporting Act, landlords need to follow a few rules and guidelines to make sure that they aren’t violating a tenant’s rights. The Emergency Housing Protection Act (EHPA) creates new rights and protections for tenants facing COVID-19 related hardships. Second, the repairs need to have been necessary to make the property habitable — a tenant can’t decide to upgrade to a newer refrigerator then charge the landlord for the fix. The Emergency Housing Protection Act (EHPA) creates new rights and protections for tenants facing COVID-19 related hardships. “Tenant rights are superior to property rights,” Ross says. The eviction process allows for at least minimal due process rights for any tenant facing eviction. Tenant Rights Tenants (also referred to as "renters") need to know their rights when entering into a rental agreement. How much notice depends on the length of the lease. Venue. Pennsylvania law states that landlords can require up to two months’ rent for a security deposit for the first year of a lease. Pennsylvania landlord-tenant law allows tenants the right to have visitors as long as they continue to observe their other obligations as a tenant. Section 504-B. Some of the rights you have when renting in PA include: Tenant Rights to Quiet Enjoyment As a landlord in Pennsylvania, you’re allowed to collect up to two months’ worth of rent as a security deposit during the first year a tenant lives in a property. Tenants’ Rights. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. You must obtain the certificate and have it issued by Licenses and Inspections “within 60 days prior to the start of tenancy”. If the tenant has told the landlord of the problem and the landlord hasn’t repaired or corrected it, the tenant has the right to have the city or municipality’s housing inspector come out to investigate. Tenant Rights Lawyers | Philadelphia, PA. Next. If the apartment or house you are renting dates from before 1978, you need to provide tenants with a notice about lead-based paint, including an  EPA-approved pamphlet Pennsylvania landlords are required to maintain the unit in a livable condition and must make repair requests in a “reasonable” amount of time, although reasonable is not defined. If a tenant lives in your property for two years or longer, you are only allowed to hold up to one month’s worth of rent as a deposit. This limit changes based on the length of tenancy. Under the act, a landlord doesn’t have the right to forbid overnight guests or to limit the number of visitors a tenant has in a week or month. When everyone is on the same page about what they can do and what they are entitled to under the law, the landlord-tenant relationship can be a smooth one. If you have control of your own heat (i.e. How Much Notice Does a Landlord Have to Give a Tenant to Move out in Pennsylvania? Tenant’s Rights. A tenant and landlord may have a significant disagreement when the tenant withholds rent due to unsafe or uninhabitable conditions on the rental property. , protects people’s rights when they are looking for an apartment or home to rent. The order will give the tenant at least 10 days to leave the premises, and if she stays longer than permitted by the order, the county sheriff can forcibly remove her from the property. It is then up to the landlord to provide repairs or to correct the problem in a timely fashion. If you deducted anything from the deposit, you also need to provide an itemized list of any damages and the amount of the charges for those damages. Pennsylvania’s landlord-tenant laws can be found in the Landlord and Tenant Act and may include information about the subjects outlined in the following sections.. Pennsylvania state landlord-tenant law basics. Section 504-A. © 2020, iPropertyManagement.com. Once you’ve reviewed a tenant’s credit or consumer report, you can decide what to do next. However, tenant law varies from state to state, which is why we take a closer look at each state specifically. If you decide that you don’t want to continue to rent to a particular tenant after their lease is up, you need to provide them with ample notice. If you need more in depth information or advice, you may want to consult with an attorney versed in Pennsylvania landlord tenant law.  decided that it is the responsibility of the landlord to ensure that a property is safe and sanitary. Renters Rights in PA (specifically Philadelphia) also dictate that a landlord must provide a Certificate of Rental Suitability at the start of renting to a new tenant. How much notice is required depends on the reason for the eviction. Lead Counsel independently verifies attorneys by conferring with state bar associations and conducting annual reviews to confirm that an attorney practices in their advertised practice areas and possesses a valid bar license for the appropriate jurisdictions. In the case of leases that are for a year or longer, you’re required to give at least 30 days notice. They need to receive the deposit back within 30 days of leaving the property. To use the law … The Pennsylvania Rent Withholding Act provides a legal way for tenants to withhold rent from a landlord without risking eviction. Know your responsibilities as a tenant. Tenant’s Rights. Whether you’re a landlord or a tenant, you should typically be able to deal with legal issues without going to court. Thus, tenants may be allowed to change the locks but are not recommended to do so without asking for landlord permission first. If you’re concerned that you, as a landlord, will inadvertently discriminate against a potential tenant, working with a property management company when screening and selecting tenants is one way to avoid doing so. Tenants have the right to see their reports and to dispute any inaccurate information that might be on their reports. Although a lease is a legal agreement between a landlord and a tenant, putting a clause into a lease that violates the law doesn’t make the clause legitimate. Section 505-A. Tenants in Pennsylvania have the right to a habitable dwelling and the right to withhold rent if requested repairs are not made in a timely manner. But if it breaks in August, a landlord can put off repairs until they are needed. You can sue your landlord in municipal court for double the amount of the security deposit. The law is in place to help tenants living in a residence in need of repair. If the landlord makes the needed repairs within six months, they will get the money in the escrow account. A landlord can’t force a tenant to move into a home “as-is” and can’t expect or demand that a tenant be responsible for repairs. As such, it is generally assumed that at-will tenants have no protections and may be evicted at any time for any reason. By: Northwestern Legal Services. You need to understand the landlord-tenant laws in your state to know your rights. In Pennsylvania, it’s usually anywhere from 10 to 30 days. A landlord can’t drop by to check in on a tenant or act as if the home is their home, too. As of 2019, Philadelphia law requires landlords to always give tenants 30 days’ notice for one of several specified “good causes.”. For example, if a couple living in a one-bedroom apartment has a baby, a landlord will have a difficult time evicting the couple for occupancy reasons. The Fair Housing Center at LHOP 123 East King Street Lancaster, PA 17602 Phone: (717) 291-9945, ext. Learn what HOA management companies do, how they differ from property management, how to find the right one for you and more with our Pennsylvania guide! Tenants, here's an overview of your rights and services available to you during both the pandemic and more normal times. The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. In Pennsylvania, these often include: Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. Tenants who are on a periodic lease must give the following notice if they wish to break the lease: Early termination. Tenants have a right to occupy and live in a safe and habitable home. There are two categories of renter rights — federal rights and state rights. This means that your landlord needs to promptly repair any broken locks, heaters, hot water … Your lease should lay out your rights and explain your responsibilities. The buyer has to honor the length of the original lease created between the seller and tenant. Landlords also have rights, such as the right to collect rent in a timely manner and the right to be reimbursed for costs from damages that exceed normal wear and tear. Evictions and Tenant Rights. Pennsylvania landlords are not obligated to make an effort to re-rent the unit. Consumer Protection Law in Pennsylvania and Landlord/Tenant Relationships are discussed by NWLS Attorneys John Gandrud & David Hull in this episode. Several factors can influence whether or not a home is safe and appropriate for human habitation. There are often rumors among tenants that if their landlord doesn’t make corrections or fix issues, then they don’t have to pay rent. Consumer Protection Law in Pennsylvania and Landlord/Tenant Relationships are discussed by NWLS Attorneys John Gandrud & David Hull in this episode. The state's landlord-tenant rules are outlined in The Landlord and Tenant Act of 1951. As the end of the lease gets nearer or right after a tenant moves out, they still have a few legal rights landlords need to know about. From fees to tenant screening and maintenance - learn more! According to Pennsylvania law (Pennsylvania Landlord and Tenant Act), tenants have certain rights, such as the right to enjoy the property without undue disturbance and the right to a habitable living space. The Fair Housing Center at LHOP 123 East King Street Lancaster, PA 17602 Phone: (717) 291-9945, ext. In any case, you should always know your basic tenant rights to avoid many unpleasant situations and lengthy discussions with landlords. For a best case scenario, all parties should at the very least be on the same page about the rules. 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