Landlord-Tenant Law in Pennsylvania

Pennsylvania landlord-tenant law is a patchwork of statutes, common law, and local ordinances — and it applies to everyone from the landlord renting a single property to the tenant in a 200-unit apartment complex. Whether you're a landlord dealing with a non-paying tenant or a tenant dealing with an uninhabitable unit, the rules are specific and the deadlines are real.

Residential Leases

Pennsylvania does not have a comprehensive residential landlord-tenant code like many states. Instead, the key statutes are scattered:

• Landlord and Tenant Act of 1951 (68 P.S. §§ 250.101–250.602): Governs notice requirements, possession, and distress for rent.
• Security Deposit Act (68 P.S. §§ 250.511a–250.512): Limits deposits, requires interest, and mandates return timelines.
• Utility Service Tenants Rights Act (68 P.S. §§ 399.1–399.18): Protects tenants when landlords fail to pay utility bills.
• Rent Withholding Act (35 P.S. § 1700-1): Allows tenants to withhold rent and pay it into escrow when the property is certified as unfit for habitation.

Security Deposits — The Rules Landlords Break Most Often

Pennsylvania's security deposit rules are strict, and landlords who violate them face harsh penalties:

• Maximum deposit: First year of lease — 2 months' rent. After the first year — 1 month's rent. Any excess must be returned within 30 days of the anniversary date.
• Interest requirement: After 2 years of tenancy, the landlord must deposit the security in an escrow account bearing interest and pay the tenant the interest (minus 1% administrative fee) annually.
• Return deadline: The landlord must return the deposit (or provide a written list of damages with deductions) within 30 days of the termination of the lease and tenant's vacating the premises. If the landlord fails to provide the itemized list within 30 days, the tenant may recover double the deposit amount.

The Eviction Process

Pennsylvania does not allow self-help evictions. A landlord cannot change the locks, shut off utilities, remove belongings, or physically remove a tenant. The process must go through the courts:

1. Notice to Quit: The landlord must first provide written notice. For non-payment of rent, the notice period is 10 days. For lease violations, it's typically 15 days (30 days for breach at end of lease term). For termination of a month-to-month tenancy, it's 15 days.
2. Complaint filed at MDJ: If the tenant doesn't vacate after notice, the landlord files a landlord-tenant complaint at the Magisterial District Court in the district where the property is located. Filing fee is approximately $100–$200.
3. Hearing: The MDJ schedules a hearing within 7–15 days. Both parties appear. The judge enters a judgment for possession (and money damages, if applicable).
4. Appeal period: The losing party has 10 days to appeal to the Court of Common Pleas. If the tenant appeals, they must pay monthly rent into escrow during the appeal. If no appeal is filed, the landlord can request an Order for Possession.
5. Order for Possession: The MDJ issues an order giving the tenant 10 days to vacate. If the tenant still doesn't leave, the landlord requests the constable or sheriff to execute a lockout.

From initial notice to actual lockout, the minimum timeline is approximately 6–8 weeks. Contested cases with appeals can take 3–6 months or longer.

Tenant Remedies for Uninhabitable Conditions

Rent escrow (the "escrow remedy"): Under Pugh v. Holmes, 486 Pa. 272 (1979), Pennsylvania recognizes an implied warranty of habitability in residential leases. If the property has conditions that threaten health or safety — no heat, no hot water, mold, structural defects, pest infestation — the tenant may pay rent into an escrow account rather than to the landlord. The tenant must first notify the landlord in writing and allow a reasonable time to repair.

Rent withholding: Under the Rent Withholding Act, if a municipal code enforcement agency certifies the property as unfit for habitation, the tenant may pay rent into a supervised escrow account held by the municipality.

Repair-and-deduct: Pennsylvania courts have recognized a limited right to repair-and-deduct for essential habitability issues, though the legal basis is narrower than in some states. Document everything, get estimates, and consult an attorney before withholding or deducting.