Pennsylvania Month-to-Month Lease Agreement

Required Landlord Disclosures (2) 

Under Pennsylvania landlord-tenant law, landlords must only make two disclosures to tenants.

1. Lead-based paint: In all 50 states, federal law requires landlords to inform tenants of the known presence of lead-based paint and all associated hazards in dwelling units built prior to 1978.
2. Megan’s Law: Under Megan’s Law, landlords in Pennsylvania must inform the community regarding the presence of sex offenders, such as other tenants residing on or near the rental property. 

Note: These disclosures are included in TurboTenant’s Pennsylvania month-to-month lease agreements.

Required Notice to Terminate Month-to-Month Agreement

Required notice for landlord: Landlords in Pennsylvania must notify tenants 15 days before terminating a month-to-month rental agreement due to violations of the agreement terms or 10 days for nonpayment of rent. After a year, 30 days’ notice is required to terminate the rental agreement (68 Pa. Stat. § 250.501).

Required notice for tenant: Pennsylvania law does not specify a required notice period for residential tenants to terminate a month-to-month lease agreement. The common practice is 30 days’ notice. 

If your lease agreement contains a Waiver of Notice to Quit, then no notice period will be required, and tenants will be asked to leave the property without notice under Pennsylvania law (68 P.S.§ 250.101 et seq.) TurboTenant has included this clause in our PA lease for you.

Rent Increase Laws

One of the key advantages for landlords using a month-to-month rental agreement is the flexibility to increase rent. Currently, Pennsylvania has neither rent control nor rent stabilization laws. So, landlords may increase rent by any amount deemed fit.

Notably, Pennsylvania law does not require landlords to give tenants a specific notice period before increasing rent, though some municipalities and counties may have their own rules. Without any regulations, landlords must follow the protocol for rent increases — including notice periods and permitted amounts — outlined in the rental agreement.

Rent Payment Laws

Grace period: Pennsylvania landlord-tenant law does not stipulate grace periods for tenants to pay rent. Payment is due in full on the date specified in the rental agreement.

Late rent fees: Pennsylvania law does not limit late rent fees, so landlords may charge a fee in any amount as soon as rent becomes overdue, so long as your lease states this amount. However, late fees deemed unreasonable may not hold up in court.

Tenant’s right to withhold rent: If the landlord does not complete a necessary repair within a reasonable time, tenants may place rent payments in an escrow account (68 Pa. Stat. § 250.206).

Pet rent laws: Pennsylvania landlord-tenant law does not directly address pet rent. So, landlords in Pennsylvania can charge an additional monthly fee in any amount for pet rent.

Security Deposit Rules

Maximum security deposit: Under 68 Pa. Stat. § 250.511a, landlords may not charge more than two months’ rent as a security deposit. After a year, this amount goes down to one month’s rent.

Security deposit receipt: Landlords in Pennsylvania are required to store security deposits of $100 or more in an escrow account and provide tenants with a receipt disclosing the location of the deposit (68 Pa. Stat § 250.511b).

Interest: If a landlord holds a security deposit for 2 years, they must pay the tenant interest (68 Pa. Stat § 250.511b).

Deduction tracking: Landlords must thoroughly document any damages to the unit or unpaid rent that leads to a deduction from the security deposit — normal wear and tear is not a sufficient reason to deduct. After the tenancy ends, landlords must provide the tenant with an itemized statement of all deductions (68 Pa. Stat. § 250.512).

Returning a tenant’s security deposit: Landlords must return any unused portions of the security deposit and the required itemized statement of deductions, if applicable, within 30 days of the tenant moving out (68 Pa. Stat. § 250.512).

Pet deposit rules: Like pet rent, Pennsylvania law does not detail the amount landlords may charge for a pet deposit. However, it’s generally agreed that any pet deposits must not violate Pennsylvania security deposit laws (68 Pa. Stat. § 250.511a).

Property Access Regulations

Advance Notice: Pennsylvania residential landlord-tenant law does not specify a required notice period before a landlord accesses a dwelling unit.

Immediate access: As in other states, landlords in Pennsylvania may access the dwelling unit without providing advance notice in the case of an emergency or if the tenant seems to have abandoned the property.

Landlord harassment: In the absence of specific laws regarding property access, landlords should still provide advance notice and only enter during reasonable times to avoid violating the tenant’s right to privacy. Landlord harassment can carry civil penalties and legally allow a tenant to break a lease.

Rental Agreement Violations

Missed rent payment: If tenants do not pay on time, landlords may charge a late rent fee. Should the tenant continue not to pay rent, landlords may issue the tenant a 10-day notice to quit (68 Pa. Stat. § 250.501b).

Lease violation: If the tenant violates the lease terms, the landlord may issue a 15-day notice (for tenants who have resided on the property for less than a year) or a 30-day notice (if the tenant has lived in the unit a year or more) to cure the violation or quit the premises (68 Pa. Stat. § 250.501b).

Self-help evictions: Pennsylvania law prohibits self-help evictions, including lockouts and utility shutoffs.

Lease Abandonment: Under Pennsylvania law, tenants are only permitted to move out of a property during the lease term in specific circumstances: starting active-duty military service (Servicemembers Civil Relief Act 50 U.S.C. App. §§501-597b), if the rental unit is unfit for habitation (35 Pa. Stat. § 1700-1), or landlord harassment. Outside of these situations, tenants must generally pay rent for the duration of the original lease term if they break or abandon the lease.