Free Pennsylvania Rental Lease Agreement

Pennsylvania Rental Lease Agreement

Do you know your responsibilities and rights, as well as the general rental laws that apply to residential rental units in Pennsylvania? As you look for that free Pennsylvania rental lease agreement form, make sure you know what to expect and what is expected of you.

  • The Official Rules and Regulations

    • The Landlord and Tenant Act – 68 Pa. Cons. Stat. Ann. §§ 250.101 – 250.602

    • Amendment to Landlord and Tenant Act of 1951 – Act of Jul. 5, 2012, P.L. 1091, No. 129

    • Real and Personal Property – Title 68

    • University of Pittsburgh – Tenant’s Rights

  • Security Deposit

    • The state of Pennsylvania has set the security deposit maximum to 2 month’s worth of rent the first year and 1 month’s rent in subsequent years.

    • The deadline for returning the security deposit is 30 days following the termination of the lease or after the surrender of the premises

    • The security deposit interest goes to the tenant after the second anniversary of giving the deposit. However, the landlord gets the money for the administrative expenses which is one percent annually, upon the security money deposited.

    • Holding a separate deposit bank account is a requirement. It applies to funds held for more than 2 years and above $100 held in an escrow account regulated by the federal government or the state. The landlord should notify tenants in writing the name and the addresses of the banking institution where the deposit is held

    • The state of Pennsylvania has no statutes for nonrefundable fees, application fees, or non-refundable and additional fees.

    • The itemized list of move-out inspections with damages and charges should be issued within 30 days

    • No statute exists for record-keeping of deposit withholdings.

  • Noncompliance

    • If the landlord fails to comply by failing to provide a written list within 30 days, the landlord will have to forfeit their rights to withhold any portion of the deposit, as well as any unpaid interest thereon. The landlord will also lose the right of bringing suit against the tenant for damages to the premises.

    • Also, if the landlord fails to return the remaining deposit after withholding for 30 days, then the landlord will have to pay double the amount of the deposit, plus interest.

  • Rent, Lease, and Fees

    • In the Pennsylvania rental lease agreement, no statute exists for when rent is due, how to go about rent increase notices, rent grace period, prepaid rent, and late fees.

    • Charging of returned check fees is allowed, but it doesn’t exceed $50 unless the landlord is charged more than $50 by the financial institution upon which the landlord charges the actual amount of the fees.

    • The tenant can withhold rent if the landlord fails to provide essential services like heat and water. This also applies when a government agency deems the dwelling inhabitable. The tenant could deposit the rent into an escrow account instead of paying the landlord directly.

    • No statutes state whether or not the tenant can repair and deduct rent or if the landlord can recover court and attorney fees, or even if the landlord should make a reasonable attempt to mitigate any damages that result from the actions of the lessee.

    • In the event of abandonment of property, the landlord should notify the tenant of the personal property left behind. If the tenant contacts the landlord within 10 days, the landlord must allow the tenant 30 days to get their items. Otherwise, the landlord may dispose of the property.

  • Notices and Entry

    • The notice to terminate a tenancy for a lease that is a year or less, or even an indeterminate time, is 15 days.

    • To terminate a lease that is more than a year old, a 30-day notice is required

    • To terminate a monthly lease, a 15-day notice should be issues

    • No statute directs the issuance of notices for date and time of move-out inspections.

    • The notice of the termination of a lease for non-payment is 10 days, but no statutes give direction on what happens in case of termination of a lease for violation.

    • Notice of about 24 hours is recommended before entry

    • In the rental agreement, no statutes cover entry with notice for showings, the entry with notice for non-emergency repairs and maintenance works, entry during a tenant’s extended absence, or use of pesticides by landlords.

    • Like all the other states, lockouts and utility shut-offs are disallowed.

Miscellaneous Notes and Disclosures

This covers lead disclosures, retaliation, or domestic violence situations

Court and Legal Related Matters

The Pennsylvania Small Claims Court Limits’ set at $12,000 save for Philadelphia which doesn’t have a dollar limit for landlord-tenant cases. The courts allow eviction cases. The bar associations and the legal aid offer more help.

Business Licenses

State-wide statutes for business licenses are non-existent, but the local cities and the counties tend to have different requirements and regulations.

If you’d like to get a rental lease agreement in Pennsylvania freely and online, fill up the above steps.