 Pennsylvania Landlord Tenant Law
What Is A Lease?
A lease is a contract to rent property. The lease does not have to be written. Oral agreements between a landlord and tenant can be considered a lease. Neither the landlord nor the tenant may change or break a lease while it is in effect unless by mutual agreement.
If you want to move out, you should check the lease, if there is a written one, to see whether you must give your landlord notice before leaving. Most written leases in Pennsylvania automatically renew themselves unless the tenant gives written notice to the landlord several months before the end of the lease. Where the lease says nothing about giving notice, you are not technically required to give the landlord notice, as long as you move out when the lease ends.
If a landlord wants a tenant to move out, the landlord must follow the notice requirements of any written lease. If there are no notice requirements stated in the lease or the lease is oral, then except for mobile home owners who rent their lot, the landlord must give you:
- Fifteen days written notice if the lease is for one year or less;
- Thirty days written notice if the lease is for more than one year.
What Are Security Deposits?
Residential security deposits are regulated by the Pennsylvania Landlord-Tenant Act . A security deposit is not the same as rent. It is money that actually belongs to the tenant but is held by the landlord for tenant-caused damages and sometimes past-due rent. Without the agreement of the landlord, a security deposit may not legally be used as the last month's rent.
The law places a limit on the amount of a security deposit that a landlord may charge. During the first year of a lease the landlord may not require a security deposit of more than two months' rent. At the beginning of the second year of a lease the landlord may not keep a security deposit equal to more than one month's rent and must return any money over one month's rent which the landlord still has. After five years the landlord cannot increase a security deposit even though the monthly rent is increased.
The Landlord-Tenant Act also regulates where residential security deposits must be kept and when interest payments on the security deposits must be made to the tenant. The security deposit must, however, be for more than $100 or this part of the law does not apply. Security deposit monies in excess of $100 must be deposited by the landlord in an approved bank, and you must be notified in writing where the deposit is located. Beginning with the third year of a lease the landlord must put security deposits over $100 in an interest-bearing bank account. At the end of the third year the landlord must start giving you the yearly interest that is received from the bank, less a 1 percent fee that the landlord may keep. The landlord does not have to pay interest to you during the first two years of the lease. A landlord may put up a bond instead of depositing security deposits in an escrow account. This bond guarantees that you will get back your deposit with interest at the end of the tenancy.
Within 30 days after a tenant moves out, the landlord must give the tenant a written list of any damages and refund the security deposit less the cost of the repairs on the list. If the landlord fails to do this, you cannot be sued for any damages the landlord claims that you caused. In addition, if the landlord does not give you this 30-day notice you may sue for double the amount of your security deposit. If you bring this kind of case, though, the landlord is then entitled to have the court deduct the amount of any damages that the landlord can prove you caused from the total judgment. In order to be able to sue for double your deposit, though, you must give your landlord written notice of your new address when you move out.
Repairs
Under certain circumstances a tenant may be able to take action where a landlord refuses to repair damages that were not caused by the tenant.
In cities of the first, second, and third class the Pennsylvania Rent Withholding Act states that where a dwelling is officially certified as "unfit for human habitation" by a local code authority or health department, a tenant may arrange to pay rent into an official escrow fund instead of to the landlord. If the property is recertified as "fit for human habitation" within six months, the escrow rents go to the landlord. Otherwise at the end of each six-month period the money goes to the tenant. Since procedures under this law are somewhat technical, you should always contact a lawyer, tenant organization, or the local government before withholding rent.
Some townships, boroughs, and cities have local health or building codes. In addition, the Pennsylvania Department of Environmental Protection sets certain requirements. Where these standards are violated, the governmental units generally have the power to demand that the dwelling be repaired, and to impose fines if the landlord refuses. You should contact your local government in order to find out whether it provides these inspection and enforcement services.
Pennsylvania Courts have developed another tenant remedy called the "implied warranty of habitability." Since this remedy is based on court decisions and not a statute a tenant should never use it without the advice of a lawyer or tenant organization. Basically this doctrine states that no matter what a lease says, there is an automatic warranty or guarantee that a residential dwelling will be safe and sanitary. This does not mean that a landlord must supply a perfect property, though. Each case will eventually be decided by a court on its own merits. Before you can take advantage of this implied warranty you must be able to prove that you gave the landlord notice of the problem and that the landlord still did not fix the condition. A good way to later prove these things is by writing the landlord a letter listing the problems, keeping a copy, and sending the letter Certified Mail--Return Receipt Requested. You should also take photographs to document your case.
After these steps have been followed and where the landlord still does not make repairs, you may be able to:
- Cancel the lease and move out;
- Not pay some portion of the rent;
- Sue the landlord for damages; or
- Make the necessary repairs and deduct their cost from your rent.
If you take these steps, however, there is a good chance that the landlord may try to evict you. You should always first talk to a lawyer or tenant organization before withholding your rent.
Evictions
Except in Philadelphia, evictions are regulated by the Rules of Civil Procedure for Justices of the Peace. In Philadelphia, the Landlord-Tenant Act controls.
A tenant may be evicted if:
- The term of the lease for which the property was rented is over;
- The tenant is behind in the rent;
- The tenant has broken some clause of the lease.
Except for mobile home owners who rent their lot, the landlord needs no reason to evict you. The landlord only has to give you proper notice that he or she wants the property back at the end of the lease.
A landlord cannot evict or lock out a tenant without first going through court procedures. If a landlord evicts you without following these court procedures, you should go to a lawyer immediately. Before starting an eviction case in court, a landlord must first give you written notice. If you get a notice from a court scheduling an eviction hearing, you should try to contact a lawyer or a tenant organization. Even if you cannot get help, you should go to the hearing with documents and witnesses and tell your side of the story. If you do not go to the hearing, you will automatically lose and may eventually be evicted.
|
Debt Consolidation Pennsylvania Articles And Tools
|
|
