Key Takeaways

• Landlord Entry Requirements: In Pennsylvania, landlords cannot enter a tenant's property without proper notice and must follow the legal eviction process, which prohibits "self-help" evictions.
• Protection Against Discrimination: Discrimination based on race, religion, familial status, or disability is illegal, along with retaliation for tenants exercising their legal rights.
• Limits On Rent Increases: Rental increases must be reasonable and justifiable, with tenants given proper notice. Excessive late fees and unauthorized charges are prohibited.

What A Landlord Cannot Do In Pennsylvania

 At HomeRiver Group, we pride ourselves on our exceptional service with local expertise. Our priority is your property, and part of our commitment to you involves providing the information you need to navigate these legal waters confidently.

Rental agreements, property management, and landlord-tenant laws can be complex, particularly in Pennsylvania, where specific regulations govern the interactions between landlords and tenants. Understanding these laws is crucial for renters, buyers, and property managers to ensure all parties' rights are respected and upheld.

In this article, we will explore the specific actions that landlords in Pennsylvania are prohibited from taking, ensuring that tenants and property owners understand their rights and responsibilities within the state's legal framework.

Prohibited Actions Of Landlords In Pennsylvania

In Pennsylvania, the relationship between landlords and tenants is governed by state and local laws designed to protect the rights and outline the responsibilities of each party. Understanding what a landlord cannot do in Pennsylvania is crucial for renters and buyers looking to navigate their housing rights and for landlords striving to comply with legal and professional standards. 

• Unlawful Entry And Privacy Violations

Pennsylvania landlords do not have the right to enter a tenant's property without proper notice, typically 24 hours, except in cases of emergency or when the tenant has granted permission. This ensures the tenant's right to privacy and quiet enjoyment is not infringed upon. Unauthorized entry can be considered harassment or violating the tenant's privacy rights.

• Illegal Eviction Practices

Landlords cannot perform “self-help” evictions by locking out tenants, shutting off utilities, or removing tenant possessions from the property without going through the legal eviction process established by Pennsylvania law. Any attempt to evict a tenant outside of court rulings is deemed illegal and can subject landlords to liabilities and possible compensations towards the affected tenant.

• Excessive Late Fees

While landlords in Pennsylvania are permitted to charge late fees, these fees must be reasonable, clearly stated in the lease agreement, and compliant with state and local regulations regarding their maximum allowable amount. Charging excessive late fees can be considered a violation of tenant rights.

• Discrimination Practices

All landlords in Pennsylvania must comply with the Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. This extends to refusing to rent to members of protected classes, falsely claiming a unit is unavailable, or setting different terms and conditions for certain tenants.

• Retaliation Against Tenants

Landlords cannot retaliate against tenants who have legally exercised their rights, such as complaining about unsafe living conditions, by raising rent, decreasing services, or seeking to evict them without cause. Tenant's rights to report code violations, request necessary repairs, or join a tenant's union are protected without the fear of vindictive action from the landlord.

Restrictions On Rental Increases And Fees

In Pennsylvania, landlords must follow specific legal guidelines regarding rent increases and fees. Renters and buyers must also know about their rights and financial obligations when leasing a property.

No Statutory Limit On Rental Increases

Landlords in Pennsylvania are not subject to a statutory cap on how much they can raise rent. However, they must give a 60-day notice for one year or more lease agreements before implementing any increase, allowing tenants time to consider their options.

Principle Of Good Faith And Fair Dealing

While rental hikes are not limited, landlords must ensure increases are reasonable and not discriminatory. Arbitrary or extreme rent increases can lead to legal disputes or harm the landlord's reputation.

Limitations On Fees Charged By Landlords

Landlords cannot impose fees that are not explicitly allowed by law or considered unreasonable. Late fees must be outlined in the lease and cannot exceed a certain percentage of the rent. Additionally, landlords cannot charge for normal wear and tear on the property.

Security Deposit Regulations

Pennsylvania law limits security deposits to two months' rent during the first year of tenancy, which drops to one month's rent in subsequent years. Landlords must return the deposit within 30 days of the tenant's departure, minus any deductions for damages beyond normal wear and tear.

Illegal Discrimination In Housing: What's Not Allowed

In the Commonwealth of Pennsylvania, landlords are barred from discriminating against current or prospective tenants. The Federal Fair Housing Act and state-specific laws outline clear protections against discrimination based on race, color, national origin, religion, sex, familial status, or disability. 

Race, Color, And National Origin

Landlords in Pennsylvania cannot refuse to rent, sell, or negotiate housing based on an individual's race, color, or national origin. This prohibition extends to practices that segregate tenants or buyers, set different terms or conditions, or advertise housing preferences that exclude certain races or ethnicities.

Religion

Discrimination based on religion is also illegal. This includes any actions denying individuals the right to housing because of their religious beliefs or practices. Landlords must accommodate tenants’ religious practices so long as they do not impose undue financial burdens on the property management.

Sex, Familial Status, And Disability

It is unlawful for landlords to discriminate based on sex, whether directly or through conditions that disproportionately affect one sex over the other. Discriminatory practices against families with children, including setting unreasonable restrictions on the number of occupants in a rental unit, are prohibited. Furthermore, landlords must make reasonable accommodations for tenants with disabilities, which may include allowing modifications to the living environment if necessary for the tenant’s use and enjoyment of the property.

Sexual Orientation And Gender Identity

Although not explicitly covered under federal law, Pennsylvania has local ordinances in many counties and cities that prohibit discrimination based on sexual orientation and gender identity, offering broader protections for the LGBTQ+ community.

Maintenance And Repairs: Landlords' Obligations

In Pennsylvania, as in many states, landlords must ensure their properties are safe, sanitary, and fit for habitation. This general obligation encompasses many responsibilities that, if neglected, could greatly harm a tenant's living conditions and the landlord's legal standing. 

• Timely Repairs For Habitability: Landlords must address necessary repairs affecting the property's habitability within a reasonable timeframe, such as fixing heating systems, plumbing issues, and faulty electrical wiring.
• Compliance With Local Housing Codes: Landlords are responsible for ensuring the property meets structural integrity, ventilation, and sanitation standards as outlined by local housing codes.
• Tenants Not Responsible For Major Repairs: Tenants may be required to perform routine maintenance, but landlords cannot make them responsible for major repairs. Lease clauses that attempt to shift this responsibility are not enforceable under Pennsylvania law.
• Protection Against Retaliation: Landlords cannot retaliate against tenants who request necessary repairs, including actions like unjustified eviction, rent increases, or reduced services. Such retaliation is illegal, and tenants can seek legal action if it occurs.

Best Practices For Landlords: Staying Within The Law

Being a landlord in Pennsylvania encompasses various responsibilities and legal obligations, the understanding of which can help avoid disputes and ensure a mutually beneficial relationship between landlords and tenants. 

Here are several best practices to help landlords stay within the legal framework:

Know The Law

First and foremost, landlords should familiarize themselves with Pennsylvania state laws regarding rentals, including the Landlord and Tenant Act. This knowledge is crucial in understanding what a landlord cannot do and helps in setting the foundation for legal, respectful interactions with tenants.

Properly Handle Security Deposits

Pennsylvania law specifies how security deposits should be handled, including the maximum amount that can be charged and the timeline for returning the deposit upon lease termination. Adhering to these regulations is essential for maintaining trust and avoiding legal repercussions.

Respect Tenant Privacy

Landlords must respect their tenants' right to privacy. This means giving proper notice before entering the rented property, typically at least 24 hours, except in cases of emergency. Unauthorized entries can lead to legal issues and strain the landlord-tenant relationship.

Perform Repairs And Maintenance

Under Pennsylvania law, landlords must keep their properties habitable. Promptly addressing repair requests and performing routine maintenance complies with legal requirements and fosters a positive living environment for tenants.

Avoid Discrimination

Fair housing laws are clear and strict. Landlords cannot discriminate against potential or current tenants based on race, color, national origin, religion, sex, familial status, or disability. Ensuring all practices, from advertising to leasing, are free from discrimination is not just about staying within the law but respecting basic human rights.

Provide Required Disclosures

Pennsylvania law requires landlords to make certain disclosures to tenants, including information about lead-based paint in older buildings and the security deposit. Being transparent about these and other required details helps build trust and avoid legal issues.

Resolve Disputes Respectfully

It is in everybody's best interest to resolve matters respectfully and lawfully when disagreements arise. Keeping communication lines open, being willing to negotiate, and using mediation if necessary can help solve disputes without legal action.

Final Thoughts

In Pennsylvania, understanding what a landlord cannot do is essential for creating a fair and lawful living environment. State regulations are designed to protect both renters and buyers from unfair practices, ensuring that the landlord-tenant relationship is based on respect and accountability. 

As your guide in the complex landscape of property management, HomeRiver Group stands committed to providing exceptional service underpinned by our local market expertise. We recognize that navigating these regulations is pivotal for the safety and security of your investment and living conditions. Our approach is tailored to ensure compliance with Pennsylvania laws, safeguarding your interests and well-being. 

Whether you're a renter or a buyer in Pennsylvania, trust in our expertise and commitment to excellence to provide you with peace of mind and a seamless and compliant property management experience.

Read also:

• The Ultimate Guide To Property Management In Pittsburgh
• 5 Must-Have Tips for Conducting a Successful Rental Analysis
• Maximizing Profits: The Benefits of Using a Leasing Only Service for Landlords

Frequently Asked Questions About What A Landlord Cannot Do In Pennsylvania

Is it legal for a landlord to lock a tenant out without a court order?

No, landlords in Pennsylvania cannot lock out tenants without a court order. "Self-help" evictions are illegal; landlords must undergo legal eviction.

Are landlords allowed to shut off utilities?

No, landlords cannot shut off utilities to force an eviction. This is illegal, and tenants should seek legal help if it happens.

Can landlords discriminate against potential tenants?

No, landlords cannot discriminate based on race, religion, familial status, disability, or other protected categories under the Fair Housing Act.

Is it permissible for a landlord to refuse to make necessary repairs?

No, landlords must maintain a habitable property. Failure to make repairs could allow tenants to withhold rent or terminate the lease.

Can a landlord enter an apartment without notice?

Landlords must give reasonable notice, typically 24 hours, before entering, except in emergencies.

Can landlords increase rent without any notice?

No, landlords must provide proper notice before increasing rent, usually 30 days for month-to-month agreements in Pennsylvania.