Landlord-tenant Disputes

If your tenant stops paying rent, the first step to eviction is to issue a written Notice to Quit to the tenant. This is always step one. The purpose of the Notice to Quit is to inform the tenant that they have a set amount of time, dictated by law, to pay the overdue amount or move out.

Technically no, so called “self-help” is illegal in Pennsylvania. All evictions are required to go through the court system, and you will need proof that you issued a Notice to Quit.

Evictions in Pennsylvania typically take 35 to 45 days from the date the Notice to Quit was issued. However, an eviction may take longer depending on the circumstances.

Yes, Pennsylvania allows the lease to waive the Notice to Quit requirement. If the lease has a “waiver of notice” clause, the landlord is permitted to file an eviction action without any notice to the tenant. The tenant will be notified of the action when they are served with notice of the eviction hearing. With that said, there are legal reasons that a Notice to Quit should always be used.

A tenant stops the eviction process by paying the total amount of rent due plus any applicable late fees and possibly court costs. Payment will stop the eviction process if paid prior to the expiration of the Notice to Quit or within 10 days of the issuance of the Judgment.

Pennsylvania requires landlords to place security deposit funds in an interest-bearing escrow account, if, the deposit exceeds $100.00 and the tenancy is longer than two years.

Whether a landlord is allowed to keep a security deposit depends on the “size” of the mess. Tenants are not responsible for normal wear and tear. If the property requires professional cleaning services, this cost may be deducted from the security deposit. If you are planning to deduct cleaning costs from the security deposit, you will need proof that the tenant’s cleaning job was truly inadequate. There are also notice requirements if you intend to keep some or all of the security deposit.

If the tenant leaves personal property behind and it is deemed abandoned, the landlord may dispose of the property at their discretion. Before disposing of any abandoned personal property, the landlord must provide the tenant with written notice informing them of their right to retrieve the property within 10 days of the postmark date or to request that the property be stored for an additional period of up to 30 days.

Landlords are required to reasonably accommodate emotional support animals. Emotional support animals are not considered pets, so pet fees and pet restrictions generally do not apply. When a person with a disability requests an emotional support animal as a reasonable accommodation, the landlord may ask for documentation confirming the disability and explaining how the animal helps with that disability. Landlords may also set reasonable rules for emotional support animals to protect the health and safety of others, such as sanitation requirements. In limited cases, a landlord may deny an emotional support animal if it would create a significant financial or administrative hardship or fundamentally change the nature of the housing. However, meeting this standard is difficult, and denials are closely scrutinized.

Yes, a landlord can be held responsible for a dog bite if they knew the dog was dangerous, had the authority to remove the dog, and failed to take action. The facts of each situation are very important.

A landlord may be able to recover attorney’s fees and court costs, but only if the lease specifically provides that these expenses can be charged to the tenant.

A lease does not need to be in written form for it to be valid in Pennsylvania. Oral leases are legal and treated as month-to-month agreements. Even without a written lease, a landlord must still give the tenant a written Notice to Quit before starting eviction proceedings.

If your landlord does not return your security deposit within 30 days, you have the right to file a claim with the Magisterial District Judge to get it back. Under Pennsylvania law, a landlord who wrongfully keeps all or part of a security deposit may be breaking consumer protection laws and could be required to pay you up to twice the amount of your original deposit plus attorney fees and costs. There are specific rules that must be followed by the tenant to get double the security deposit; there are also risks.

Whether you can end your lease early usually depends on what your lease says. However, all landlords are required to keep rental properties safe, clean, and livable. If a landlord fails to make necessary repairs or allows unsafe conditions to continue, you may be able to end your lease, move out, and stop paying rent.

No. A landlord cannot keep your security deposit for normal wear and tear. Normal wear and tear is the expected deterioration and aging of a property from everyday use. Examples include loose door handles, faded paint, and worn carpets.

Whether you can end your lease early usually depends on what your lease says. Most leases do not allow early termination. If your lease does not include an early-termination option and your landlord has not violated the lease, it is likely that you will be responsible for paying rent until the lease ends or the landlord finds a new tenant.

Landlords can charge late fees in Pennsylvania, but they must be reasonable. There is no fixed maximum, and unfair or excessive fees may be challenged.

If your landlord plans to sell the property, they must give you at least 30 days’ notice. If the property is sold, the new owner generally must honor your existing lease terms until the lease expires, unless your lease says otherwise.

Landlords are allowed to raise rent in Pennsylvania, but they must follow the terms of the lease and give proper notice. A landlord generally cannot raise the rent during a lease term unless the tenant agrees to the increase.

If you are interfering with the right of other tenants to peacefully enjoy their rented premises, your landlord may consider this a lease violation and could take steps to evict you.

If you are facing eviction and are a victim of domestic violence, you are afforded special protections under Pennsylvania law. By filing a domestic violence affidavit with the court, you may be able to stop the court from issuing an order that requires you to leave your home.

A landlord can require tenants to pay a move-in fee and security deposit. However, under Pennsylvania law, a landlord cannot require a security deposit amount that is more than two months rent for a one-year lease.

Yes, Pennsylvania law allows tenants to have guests, as long as they continue to abide by the lease and the law. Landlords generally cannot forbid overnight guests or place strict limits on how many visitors a tenant may have.

Yes. Even if you paid your share of the rent, a landlord may still be able to evict all tenants if the full rent is not paid. If you are worried about covering a roommate’s portion of the rent, you can protect yourself by having a separate written agreement with your roommate. This can allow you to seek reimbursement if they fail to pay their share.