Knowing and using your rights as a tenant might be the difference between keeping or losing your home.
If you have a written lease, you have a right to stay in the residence until the end of the lease term, as long as you live up to your end of the lease. If you do not have a written lease, in most circumstances, the law considers you to have an oral month-to-month lease. Either you or your landlord can terminate the lease at the end of any month, for any reason or for no reason.
The Pennsylvania Landlord and Tenant Act provides protection for as well as the rights and obligations of both landlords and tenants. Knowing what these are will help you to respond to any potential issues in the best way, including knowing when to contact a tenant’s rights specialist or tenants’ rights lawyer.
Your landlord has the right to collect a security deposit, equal or less than the value of two months’ rent, as protection against damage to the property. They may also periodically inspect the property for repairs, maintenance, and to view conditions; see your lease for the specific terms about this.
Your landlord has the right to collect a security deposit, equal or less than the value of two months’ rent, as protection against damage to the property. They may also periodically inspect the property for repairs, maintenance, and to view conditions; see your lease for the specific terms about this.
Your landlord is obligated to return your security deposit within 30 days of you notifying them via writing that you are vacating the residence (unless they require the deposit for repairs that were necessitated by your tenancy or for missed rent payments).
Your landlord must give you 30 days’ notice (or 15 days’, if the lease is for less than 12 months or there is no written lease) to leave the property. The only exception to this is if your lease waives your right to this. Otherwise, notices can be given where your lease has expired, you have breached or violated the lease, or you have failed to pay rent.
If there is a serious problem with your residence, such that the conditions may affect your health or safety or in some other way cause the residence to be unfit to live in, and you notify your landlord of these conditions (preferably in writing), your landlord is required to take care of the problem.
If they refuse, you can pay for the repairs and deduct that amount from your rent, and you may be able to withhold rent if circumstances warrant. Your tenancy is protected by an “implied warranty of inhabitability,” which guarantees your right to safe, livable housing conditions.
Landlords are not permitted to lock you out or shut off your utilities. They must go through a court process to evict you.
They also cannot withhold your property from you after you move out, except in two conditions: 1) you have left the property in such a way as to require the landlord to essentially store your possessions, or 2) where the landlord has given notice of “distress” on the property due to unpaid rent.
In either case, you can work with a tenant’s rights lawyer to try to reclaim your possessions.
You have an obligation to keep up with your rent. You will also need to pay any fees, such as the security deposit and any other permitted fees. You should understand the terms of your lease and comply with those, as leases are enforceable contracts. (In the rare circumstance that a provision in the lease would be considered excessive or unfair, it may be unenforceable, but that would not affect the rest of the lease.)
The Pennsylvania Landlord and Tenant Act provides protection for as well as the rights and obligations of both landlords and tenants. Knowing what these are will help you to respond to any potential issues in the best way, including knowing when to contact a tenant’s rights specialist or tenants’ rights lawyer.
Your landlord has the right to collect a security deposit, equal or less than the value of two months’ rent, as protection against damage to the property. They may also periodically inspect the property for repairs, maintenance, and to view conditions; see your lease for the specific terms about this.
Summit Legal Aid provides legal representation and advice to low-income renters. For renters in housing that is not subsidized by the government, we assist with evictions, illegal lockouts, utility shut offs, building repair issues, and fair housing issues.
Tenants who reside in public or subsidized housing should go to our Subsidized Housing page.
Before you call Summit Legal Aid, please gather:
– A copy of your lease (if you have a written lease)
– Any court papers you have
– Rent receipts
– Proof of income
– Any other documents you think are relevant to your case
Eviction complaints are filed with the Magisterial District Judge in the county where the residence is located. A hearing will be scheduled within 7 to 15 days, and the District Judge can make the decision immediately or within 5 days of the hearing.
If eviction is granted, you must leave within 10 days; however, if you do not, you cannot be forcibly removed. The landlord then must obtain an “Order for Possession,” after which you have an additional 10 days to move before you can be forcibly removed by law enforcement.
An appeal to your county Court of Common Pleas must be filed within 10 days of the court order if you intend to remain in the residence during the appeal, and you must pay the rent that is owed as determined by the District Judge or three months of rent, whichever is lesser.
To continue to remain in the residence during the appeal, you must pay rent to the Prothonotary every 30 days of the court order. If you are only challenging the monetary judgment, you must appeal to the Court of Common Pleas within 30 days. Any such appeal must be filed at the Prothonotary.
For local rules, go to co.armstrong.pa.us/countypa.gov
For local rules, go to www.cambriacountypa.gov
For local rules, go to www.co.clarion.pa.us
For local rules, go to www.co.fayette.pa.us
For local rules, go to www.co.greene.pa.us
For local rules, go to www.indianacountypa.gov
For local rules, go to www.jeffersoncountypa.gov
For local rules, go to www.co.somerset.pa.us
For local rules, go to www.washingtoncourts.us
For local rules, go to www.westmorelandcountypa.gov
