Understanding PA Residential Lease Agreements: A Tenant’s Guide

What is a PA Residential Lease Agreement?

A residential lease agreement in Pennsylvania is a binding contract between a landlord and tenant that outlines the terms of the rental arrangement. It typically covers the rent amount, security deposit, lease duration, maintenance responsibilities, utility payments, and breach or termination rights. Both parties should outline under what circumstances the landlord can enter the property (with proper notice), what happens to the property at the end of the lease, whether pets or smoking are allowed, unique expectations specific to the property , and the procedure for dispute resolution.
In Pennsylvania, lease agreements can be written, oral, or implied by the actions of both parties, but a written agreement is always the best practice. On some occasions, a party to the lease may draft the agreement themselves, but landlords and tenants are encouraged to seek professional legal assistance to ensure that the document is defensible in court and that they understand the rights and obligations contained within it. This is especially true if the lease agreement contains clauses or terms that may be unenforceable or violate tenant rights.

Key Elements of a Lease Agreement in Pennsylvania

For a lease agreement to be valid, it must have certain key components. While this requirement will be obvious to an experienced leasing lawyer, you should have some understanding of these essentials.
You will almost certainly be a party to a lease agreement when you rent an apartment. If a landlord fails to include the required elements, you have several options. You could sue the landlord to get them put back into the lease, or you could ask the local district magistrate to do it for you. The former will be costly and less effective than the latter. When you get to meet the district magistrate for the first time to enforce a valid lease agreement or demand a change to an invalid one, you will be issued an order to show cause. This order informs you and your landlord when the district magistrate wants to meet with the two of you so that you can go into as much detail about the lease issues you face as necessary.
The components of a valid lease agreement in Pennsylvania include the following:

Tenant Rights Under Pennsylvania Law

As a tenant in the state of Pennsylvania, you hold a number of fundamental rights that are protected by PA law, many of which are explicitly guaranteed in the Residential Lease Agreement. Among them are the right to equity and fair treatment as a renter, the right to a secure and peaceful living environment, and the responsibility of upholding your end of the lease agreement. Below are just a few of the most important rights that every tenant in Pennsylvania should be aware of:
Habitability
Simply put, your rented unit must provide a safe environment for residents. It must include basic provisions like adequate heat and electric service, hot and cold running water, sanitary facilities, and weather-tight roofs, walls, and floors. Your apartment or home must also be free from infestation by vermin and in a condition that does not endanger you or other tenants. If you are renting from a licensed landlord and the property is falling well below these standards, you have the right to file a complaint with the local health department or fire marshal.
Security Deposits
The law allows landlords to collect a security deposit from their tenants prior to moving in, but there are limits. The total amount may not exceed two (2) months rent for leases of two (2) years or less and one (1) month for leases of more than two (2) years. The deposit must be kept in a federally insured bank and any increase in the deposit must abide by the above restrictions. At the termination of the lease, the landlord must return the balance of the security deposit, minus any documented repairs or damages, within thirty (30) days for a one-year lease, or within sixty (60) days for a two-year lease.
Privacy
Your rented unit is your home and you are entitled to privacy while living there. Although your landlord can enter the premises (with a few exclusions) to inspect its condition and make necessary repairs, they must provide you with a reasonable amount of advanced notice. In general, your landlord is prohibited from entering the property on a regular basis or without you present.

Responsibilities of the Landlord

A tenant can expect that the landlord will fulfill certain obligations under Pennsylvania law. These generally include maintaining the interdependence of tenant and landlord by keeping the property in a habitable state for the tenant, and refrain from interfering with the tenant’s use and enjoyment of the property during the lease term.
Landlords must keep the premises up to the standards established in the Pennsylvania Landlord and Tenant Act. A landlord is required to comply with all local building codes affecting health and safety. A landlord is also required to make such repairs and do whatever is necessary to put and keep the premises in a habitable condition, except where the tenant has caused the condition requiring repair. This includes repairs needed due to damage caused by the ordinary use of the premises. A landlord does not have this obligation in a single family dwelling for a tenant who knowingly and voluntarily rents without the landlord’s obligation to repair being included in the lease.
A tenant would be expected to notify a landlord about the need for repair – in writing, if possible – but the tenant cannot be charged for the cost of repairs unless a lease provision to that effect is included. The landlord may make repairs within a period of time which may be specified in the lease. However, if the lease does not specify a time period, the landlord must make areas which are unsafe for human life or property fit for that purpose within 30 days.
Should the landlord fail to make the repairs, the tenant may be entitled to a rent reduction, or to perform the needed repairs themselves, at the landlord’s expense.

Common Clauses in PA Residential Leases

The vast majority of Pennsylvania residential leases contain a number of common provisions. For ease of reference, they are discussed here in no particular order.
Pets
The first step to take before obtaining a pet is to confirm that your lease allows for pets. Many leases contain very clear termination provisions for keeping an unauthorized pet. Moreover, such pets may be considered a breach of the lease and subject you to additional damages, such as eviction for default, loss of your security deposit, and the requirement to immediately remove the pet and all pet-related items.
Renewal Terms
Another common provision is language addressing the right of first refusal. For example, if you wish to remain in your unit, you will generally have the first opportunity to negotiate an extension or renewal of your lease. This gives both you, as the tenant, and your landlord the opportunity to address extensions, increases in rent, and payment of any remaining deposits for the remainder of the lease term , such as the security deposit.
Penalties for Early Termination
Most leases grant your landlord the ability to charge penalties for early termination of the lease. Those penalties vary. However, it is important to know up front whether your landlord can charge you for the full remaining rent on the lease, or whether you will be responsible for paying rent during the time it takes your landlord to find a new tenant and new rental agreement.
Repair Obligations
If your lease contains provisions addressing repairs and maintenance to the premises, it is critically important to make sure that you understand your obligations on this issue, and how this issue could impact your security deposit return or landlord’s ability to terminate the lease.
Real Estate Vacation
Many leases contain a provision whereby you are required to vacate the premises for no more than five days for the sale of the real estate to a new owner. While these provisions are rarely enforced, it is important to be aware of the obligations contained within.

What to Do If Disputes Arise

Should disputes arise between landlords and tenants, the first line of action is often negotiation. You should first have an open and honest discussion with your Pennsylvania landlord about the issue. If the issue still remains unresolved, another possible solution is mediation. Mediation is a process in which both parties, through their attorneys, agree to meet independently of the courtroom in an attempt to resolve the dispute. An independent third party, or mediator, is used to aid negotiations between both parties.
If neither negotiation nor mediation provide a solution in a satisfactory timeframe, litigation may be the final option. Fortunately, the overwhelming majority of landlord-tenant disputes can be resolved via negotiation or mediation before litigation is required.
Should you find that you need to litigate, each party’s rights and responsibilities are delineated by Pennsylvania law. Generally speaking, a landlord is not allowed to enter the tenant’s dwelling without giving 24 hours’ notice, as well as obtain express consent. A landlord must also provide a valid reason for entering the unit without notice (emergency, inspections, etc.). Regardless, the lease does not give a landlord the right to search a unit. Additionally, no self-help eviction is permitted. This means that a landlord cannot shut off electricity, padlock the unit, or change the locks in order to evict a tenant from the unit. In general, a landlord must go through the legal eviction process. That said, if the utilities are paid for by the landlord, the tenant must prove that the landlord purposely shut them off.
If you are ever in the unfortunate situation where you need to pursue legal action against your landlord for either unpaid rent or the security deposit, be sure to file at the proper Pennsylvania District Court Office. Before filing, it is important to go over the statute of limitations for unpaid rent and security deposits. Be aware that if you go through the court system, you could be responsible for the other party’s legal fees—if the judgment goes against you.

Tips for Negotiating Your Lease Agreement

Every landlord wants their rent guaranteed every second of every day. Leases are usually for long terms, typically two for apartments in Philly, and even longer up in the suburbs where property owners want to make sure they don’t have vacancies. Eventually, though, even the best tenants begin to wonder if they’re being charged too much or why they have a year-to-year lease when they just signed an 18-month lease to start.
On those occasions, tenants may want to negotiate rent, term, or payment in exchange for something the landlord values. Here’s some major areas in leases that can be negotiated:
Rent
This is the big one. Everyone hates getting charged rent, but unless you live in public housing or have someone paying the landlords rent for you, it’s part of the deal. So how can you avoid paying so much for your space? The best way to do this is by knowing your area and keeping an eye out for rentals nearby. If you notice that your on is $100 or $200 higher than market, you should bring that to the landlord’s attention. Another option is to ask if the landlord has space available in a neighboring unit, which sometimes results in a discount for bringing in new tenants. This is much more likely for warehouse or office rentals though, not residential ones.
Length of Lease
The longer the term, the better for the landlord. If you find that you love your spot and want to continue renting (knowing that rents go up every year), you may want to negotiate for a longer term . The flip side is that many landowners you are willing to change the lease for are probably hiding something to try and offset the discount. By extending a lease without rent control, you are exposing yourself to a potential price hike that could be too much to pay next year. Make sure you think about it long and hard before giving a landlord a long-term lease commitment.
Payment Terms
Everyone likes a deal, especially tenants. Owners appreciate being able to collect their rents all at once each month, but if a tenant is financially struggling or is preparing for a period of instability, it may be in the tenant’s best interest to propose breaking the rent up into two or three payments through the month. A good faith effort to pay rent is better than a tenant who refuses to meet their obligations for the time being, so many landlords may be willing to bend here.
Most landlords agree that providing flexibility on a long-term lease is worth it to keep a good tenant. Keeping an apartment off the market to avoid the hassle of searching for other tenants may be worth the loss of a little rent in the first few days of each month. Make sure to be clear that any agreed terms are fully understood before signing an agreement. Most landlords do not expect to have the lease offered to them again and want to make sure the wording is exactly what was discussed.