Understanding Pa Laws: Can A Lease Override State Law?

Pennsylvania's Landlord and Tenant Act of 1951 outlines the rights and responsibilities of both tenants and landlords, providing a framework for legal agreements, lease creation and termination, and the handling of security deposits. While this Act sets the baseline for tenant-landlord engagements, it does not override existing state legislation on property taxes, eviction prevention, and personal property protections. This raises the question: Can a lease agreement override Pennsylvania state law? Understanding the interplay between lease agreements and state laws is crucial for tenants and landlords to navigate their rights and obligations effectively.

Tenant rights in Pennsylvania

In Pennsylvania, tenants are protected by federal and state fair housing laws that prohibit discrimination in housing based on race, colour, religion, sex, familial status, disability, or national origin. Local municipalities may have additional regulations and ordinances that apply to rental properties, so it is important to be aware of and comply with these local laws.

Landlords are required to handle security deposits in accordance with state law. They must provide an itemized list of deductions and return the deposit, minus any lawful deductions, within 30 days after the termination of the lease. Rent is generally due as specified in the lease agreement, often on the first day of the month. Landlords must provide at least 30 days' written notice before increasing rent for month-to-month tenants.

Landlords must maintain the property in a habitable condition, ensuring essential services like heat, water, and electricity are provided. They must remedy serious defects affecting safety or the ability to live in the rental unit. Tenants are responsible for keeping the property clean and avoiding damage beyond normal wear and tear.

Landlords must provide at least 24 hours' written notice before entering a rental unit for non-emergency reasons, except in cases of abandonment. Landlords can use security deposits for unpaid rent, damages beyond normal wear and tear, and other specified charges. Small claims court can be used to resolve disputes over security deposits, unpaid rent, or property damage, with jurisdiction limits of up to $12,000.

When eviction becomes necessary due to non-payment of rent or other valid reasons, landlords must follow specific legal procedures, including providing tenants with proper notice and initiating eviction proceedings through the court system. Evictions must adhere to the due process of law, and a court-ordered eviction is the only legal way a landlord may force a tenant to leave a rental property.

In Philadelphia, landlords must obtain a rental license and have their properties inspected for compliance with housing and safety codes. Philadelphia ordinances may require landlords to provide relocation assistance or compensation to tenants in certain cases, such as when a property is being converted or demolished. Philadelphia also has specific ordinances prohibiting source-of-income discrimination, which means landlords cannot refuse to rent to tenants based on their source of income, including government housing vouchers.

Landlord rights and obligations

In Pennsylvania, landlords have specific rights and obligations that they must adhere to when renting out properties. These rights and obligations outline what landlords can and cannot do in various situations and help protect both landlords and tenants. Here is an overview of the key landlord rights and obligations in Pennsylvania:

Right to Collect Rent and Request Rental Applications

Landlords have the right to collect rent when it is due and request rental applications from prospective tenants. This includes the ability to charge rental application fees, although landlords should keep these fees reasonable to attract applicants. Landlords can also request a separate security deposit, which must be handled according to the state's Landlord-Tenant Law.

Right to Enter the Property and Increase Rent

Landlords can enter the rental property with proper notice to the tenant. They also have the right to increase rent prices, but this must be done with proper notice. Landlords must follow specific legal procedures when initiating eviction proceedings, such as providing proper notice and going through the court system.

Obligation to Maintain Habitable Conditions

Landlords must make reasonable efforts to ensure their rental properties comply with federal, state, and local safety codes, health standards, and habitability requirements. This includes making all necessary repairs and keeping the property in a habitable condition. Landlords are also required to make reasonable accommodations for tenants with disabilities and allow emotional support and service animals in rental properties.

Obligation to Comply with Anti-Discrimination Laws

Landlords must comply with fair housing laws and anti-discrimination laws when screening tenants. This includes using consistent criteria for all applicants and avoiding any actions that could be considered discriminatory, such as harassing tenants with excessive visits. Landlords do not have the right to retaliate against tenants for exercising their legal rights.

Obligation to Handle Security Deposits Properly

Landlords must make and communicate any deductions to the tenant and provide an itemized list of those deductions. They must then return the remaining deposit within 30 days of the termination of the lease.

These rights and obligations provide a framework for landlords in Pennsylvania to operate within when managing their rental properties. It is important for landlords to be aware of and comply with these requirements to avoid potential issues and disputes with tenants.

Lease termination

Termination by Tenants:

Tenants in Pennsylvania have certain rights that allow them to legally break a lease without further liability for rent. Here are some scenarios where tenants may be able to terminate their lease early:

• Entering Active Military Service: If a tenant enters active military service after signing a lease, they have the right to break the lease under federal law, specifically the Servicemembers Civil Relief Act. The tenant must provide written notice to their landlord, and their tenancy will terminate 30 days after the next rent due date.
• Uninhabitable Conditions: If a landlord fails to provide habitable housing that meets local and state housing codes, tenants may be justified in breaking the lease. This could include situations where essential services such as heat, water, or electricity are not provided.
• Constructive Eviction: If a landlord repeatedly violates the tenant's rights to privacy or engages in actions such as removing windows or doors, turning off utilities, or changing locks, it may be considered "constructive eviction," and tenants may be able to break the lease without further rent obligation.
• Early Lease Termination Clause: Many modern leases include an "Early Lease Termination Clause," which outlines the conditions and penalties for ending the rental agreement early. Tenants should carefully review their lease agreement to understand their options and potential consequences.

Termination by Landlords:

Landlords in Pennsylvania also have the right to terminate a lease under certain circumstances:

• Non-Payment of Rent: Landlords can evict tenants for non-payment of rent or lease violations. They must follow specific legal procedures, including providing proper notice and initiating eviction proceedings through the court system.
• Lease Violations: Landlords can terminate a lease if tenants violate the terms of the agreement, such as by engaging in illegal activities, unlawfully subletting the property, or causing damage beyond normal wear and tear.
• End of Lease Term: A lease can generally be terminated at the end of its life, which is usually six months to one year. Landlords must provide proper notice to vacate, which may vary depending on the lease type and local laws.
• Mutual Termination Agreement: In some cases, landlords and tenants may negotiate a mutual termination agreement if either party wishes to end the lease early.

It is important to note that lease termination laws can vary depending on local regulations and the specific terms of the lease agreement. Both tenants and landlords should carefully review their lease documents and seek legal advice if needed to understand their rights and obligations regarding lease termination in Pennsylvania.

Security deposits

In Pennsylvania, security deposits are capped at a maximum of two months' rent for unfurnished units in the first year of a lease. This means that if the monthly rent is $1,000, the landlord can charge a maximum security deposit of $2,000. For the second year of tenancy and any subsequent lease renewal, the security deposit may not exceed one month's rent. If the landlord holds an amount greater than this limit, the excess must be refunded to the tenant. Security deposits over $100 must be deposited into an escrow account.

Landlords in Pennsylvania are required to hold security deposits in a separate escrow account and cannot use the funds for their own operating expenses or commingle them with their own money. They must also provide an itemized list of any deductions for damages beyond normal wear and tear or unpaid rent. Damages might include broken fixtures or considerable property harm, while normal wear and tear can include minor paint fade or carpet usage.

At the end of a lease, the unused portion of the security deposit must be returned to the tenant within 30 days. If the landlord fails to comply within this timeframe, they might forfeit the right to retain any portion of the deposit and could be liable for double the deposit amount in damages. If the security deposit isn't large enough to cover all the back rent or damage, the landlord can sue the tenant for the balance.

In Pennsylvania, landlords can require up to two months' rent as a security deposit, and they can also require the first and last month's rent to be paid upfront. However, the total upfront cost to a tenant cannot exceed three months' rent.

Eviction processes

In Pennsylvania, the eviction process is governed by the Landlord/Tenant Act, which outlines the steps landlords must take to evict tenants. The law applies to all evictions, regardless of the reason, except in cases where the tenant is staying in a rooming or boarding home, or is a guest in a hotel/motel.

The first step in the eviction process is for the landlord to serve the tenant with an eviction notice. The amount of notice required depends on the reason for the eviction and the terms of the lease. If the eviction is due to non-payment of rent, the landlord must give a Rent Demand Notice of 10 days. For lease violations, the landlord must give a Lease Violation Notice of 15 days for tenancies of one year or less, and 30 days for tenancies longer than one year. In cases of illegal drug activity on the premises, the landlord may terminate the rental agreement with 10 days' notice. The eviction notice must include the names of the landlord and tenant, the address of the rental property, the reason for eviction, and the date by which the tenant must vacate the premises.

If the tenant does not cure the breach by the end of the notice period, the landlord can file a Landlord/Tenant Complaint with the Pennsylvania Justice of the Peace Court. If the court rules in favour of the landlord and grants possession, the tenant will be required to move out by the scheduled eviction date, even if they pay the full amount owed. To appeal the decision, tenants must file an Appeal to the Court of Common Pleas within 10 days of the judgment date and post a bond. If the tenant does not vacate the property by the end of the 10-day period, the constable may forcibly remove them and padlock the door.

It is important to note that tenants have the right to waive their right to an eviction notice, as outlined in the Landlord/Tenant Act. Therefore, tenants should carefully review any lease agreement before signing. If a landlord attempts to evict a tenant without following the proper legal procedures, tenants can contact the Office of Consumer Protection for assistance.

Frequently asked questions