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Landlord Tenant Law

Community Economic Development

SIGNING THE LEASE

PART ONE

TYPES OF TENANCIES:  Tenancy for Years: Despite the name, this is the term given to any lease of a fixed term. Both the Landlord and the Tenant must agree that the Tenant’s lease begin on a specified date and end on a pre-determined and specified date. Most leases are fixed term  Periodic Tenancy: An agreement between the Landlord and Tenant of a periodic term (such as month-to-month or week-to-week) with no specified ending date. If this agreement should be terminated, written notice is required fifteen days prior to the expiration of the term by the Landlord, and in some cases by the Tenant. For example, in a month-to-month tenancy, the 15-day notice must be given before the 15th^ of the month for it take effect at the end of the month. Termination cannot take effect in the middle of a period. For example, in a month-to-month lease, if your landlord give you 15 days notice to vacate the premises on March 20th, you are not required to leave before April 30th.

 See Pennsylvania Jurisprudence, 2 nd^ (Property), § 26:40-

Tenant Rights

• A landlord cannot discriminate based on race, sex, age, religion, national origin, family status, and handicap.
• Tenant rights are protected under:
  1. Civil Rights Act of 1968
     • Makes discriminating against an individual illegal
     • Civil Rights Act § 1982: applies only where it can be proved that the person had an intent to discriminate
  2. Civil Rights Act 1988 Amendment
     • Bans discrimination against the handicapped and families with children

3 or More Unrelated People

• The city of Pittsburgh prohibits more than 3 unrelated people

from living together.

• Sometimes landlords will go around this law by allowing more

people to reside in the rental unit than listed on the lease.

• If you are in this position, it is recommended that the tenants

named on the lease sign an agreement with the tenants not on

the lease to protect the rights and obligations of each tenant.

Unfortunately this agreement among the 4 or more tenants

may not be enforceable because the practice is illegal in the

first place. Until the City changes the law, this is at least some

form of accountability.

Pennsylvania’s Landlord- Tenant Act:

During the first year of lease: no landlord may require more than two month’s rent as a security deposit. HOWEVER, PA landlords may be able to ask for advance payment of the last month’s rent AND two month’s rent as a security deposit, for an amount equal to 3 month’s rent up front.. During the second (or more) years of the lease: a landlord cannot ask for more than one month’s rent as a security deposit. If the lease is in the fifth year or more: a landlord has the right to increase rent, but cannot likewise increase the tenant’s security deposit.

The Landlord-Tenant Act is found at Title 68, Pennsylvania Statutes, § 250.

LEASE TERMS

PART TWO:

Suggested lease clauses

(to avoid potential problems during tenancy)

• Security and/or damage deposit
• Last month’s rent
• Use clause (limiting how the tenant may use the property)
• Maintenance clause (spelling out who is responsible for which maintenance)
• Limitation on landlord’s liability
• Limitation on assignment of the lease by tenant
• Clause putting duty on tenant for own insurance
• Clause granting attorney’s fees for enforcement of the lease
• Late fee and fee for bounced checks
• A clause concerning abandoned property should be in the lease. - Limitation on number of persons living in the unit - In a condo, a clause stating that tenant must comply with all rules and regulations of condo - Requirement that if locks are changed, the landlord is given a key - Limitations on pets - Limitations on where cars may be parked - Limitation on storage of boats, etc. on property - In a single family home or duplex, a landlord may put most of the duties for repair on the tenant - Commercial leases should include clauses regarding factors related to the business use of the premise

BACKING OUT OF A LEASE

• There is no law that allows a rescission

period for a lease.

• That is, once a lease has been signed by both the landlord and tenant(s), it is legally binding. There is no right to change your mind.
• Also, in Pennsylvania, you can technically agree for a lease of up to three years orally, without a written agreement, so be careful what you agree to.

Security deposits

• During the first year of lease, PA landlords are not allowed to ask for more than two months as a security deposit (which is refundable as long as the tenant does not leave any damage).
• Tenants have the right to know the bank and account number that their security deposit is being kept in for the term of their lease.
• A landlord is given 30 days, upon termination of the lease, to provide a written list of damages to the leased property.

assignments and subleases

• Unless stated in the lease, a landlord cannot prohibit a tenant from assigning their lease to someone else, or from subletting all or some of the premises. However, a landlord may (and usually does) require approval by the landlord.
• Sublease : the tenant enters into a new agreement with a third party who deals only with the tenant. This occurs when the original tenant retains an interest in the lease terms and plans to move back in after some time.
• Assignment : a tenant assigns all of their interest in a lease to another party who takes over the tenant’s position and deals with the landlord directly. If the new tenant stays for the rest of the lease terms, then it is considered to be an assignment.

Raising the rent

• The landlord can raise the rent only during a

periodic tenancy, not a fixed-term lease.

• There is a one period notice period to make any changes in the lease terms. - For example, if you have a week-to-week tenancy, then you will get one week’s notice.

• Under a fixed tenancy, the landlord is

prohibited from raising the rent mid-lease.

• Any changes to the terms would have to be in writing, signed by the landlord AND the tenant(s).

LANDLORD DUTIES

• The landlord’s duties are not only to his or her

tenants, but also to the tenants’ visitors.

• The landlord retains control of the stairways,

passages, roadways, and other common facilities.

• The landlord has the responsibility to maintain their safety in use.

Landlord Duties Continued

It is recommended that tenants notify their

landlord in writing of any defects.

During the time of the lease, the landlord

cannot escape liability if s/he knows, or has reason to know, of a defect. Particularly, if the defect was such that it could have been discovered by reasonable inspection by the landlord.