Key Takeaways

  • Security deposit max: 2 months' rent for the first year; 1 month's rent for subsequent years..
  • Return deadline: 30 days after the tenancy ends..
  • Rent control: No.
  • Repair and deduct: Allowed.
2 months' rent for the first year; 1 month's rent for subsequent years. Security deposit maximum
30 days after the tenancy ends. Deposit return deadline
No Statewide rent control
Required Judicial eviction

Security Deposits

  • Maximum amount2 months' rent for the first year; 1 month's rent for subsequent years.
  • Return deadline30 days after the tenancy ends.

Landlord may deduct for unpaid rent and damages beyond normal wear and tear. Must provide an itemized list of deductions within 30 days. Failure to return deposit or provide itemized list within 30 days entitles the tenant to double the amount wrongfully withheld.

Eviction Process

  • Notice requirements10-day notice for nonpayment of rent. 15-day notice for lease violations (with opportunity to cure). 15-day notice for month-to-month tenancies (30 days for leases of 1 year or more).
  • Judicial eviction requiredYes
  • Estimated timeline3 to 6 weeks for uncontested cases. Philadelphia has additional tenant protections and may take longer.

Rent Control

Pennsylvania does not have statewide rent control. Philadelphia had a fair rent commission that was largely inactive and was abolished. No local rent control ordinances are currently in effect.

Repair and Habitability

  • Repair and deductAllowed
  • Rent withholdingAllowed
  • Retaliation protectionYes

Lease Termination

  • Month-to-month notice15 days' notice for leases under 1 year; 30 days' notice for leases of 1 year or more.

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to mitigate. Military members may terminate under the SCRA.

Key Statutes

  • Pennsylvania Landlord and Tenant Act: 68 Pa. Stat. §§ 250.101–250.602
  • Security Deposits: 68 Pa. Stat. §§ 250.511a–250.512
  • Implied Warranty of Habitability: Pugh v. Holmes, 486 Pa. 272 (1979)
  • Retaliation (Utility Service Tenants' Rights Act): 68 Pa. Stat. § 399.1 et seq.

When to Get Legal Help

  • You're facing eviction, especially with short notice
  • Your landlord is withholding a large security deposit
  • You believe you're being discriminated against
  • Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Pennsylvania

Frequently Asked Questions

  • What is the security deposit limit in Pennsylvania?

    During the first year, the landlord can charge up to 2 months' rent. After the first year, the maximum is 1 month's rent. The deposit must be returned within 30 days, with an itemized statement.

  • Can I withhold rent for repairs in Pennsylvania?

    Yes. Pennsylvania recognizes an implied warranty of habitability. Tenants may withhold rent or use the repair-and-deduct remedy if the landlord fails to maintain habitable conditions after notice. Tenants can also pay rent into an escrow account through the court.

  • How does eviction work in Pennsylvania?

    A landlord must give a 10-day notice for nonpayment of rent and then file a complaint with a magisterial district judge. The court will schedule a hearing. Self-help evictions are illegal.

  • Does Pennsylvania have rent control?

    No. Pennsylvania has no statewide or local rent control laws currently in effect.

Sources