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A Pennsylvania residential lease agreement is a legal contract between a landlord and a tenant for renting residential property. This agreement typically covers a fixed term, often one year, and includes essential details such as both parties’ contact information, property address, payment guidelines, and any pet provisions.

Pennsylvania Residential Lease Agreement

Required Disclosures

Pennsylvania law mandates specific disclosures that must be included in residential lease agreements:

  1. Lead-Based Paint Disclosure:

    • Required for properties built before 1978.
    • Landlords must fill out and attach a lead-based paint disclosure form to the lease and provide tenants with an EPA-approved pamphlet about the dangers of lead-based paint.
    • Any additional records or reports regarding lead-based paint hazards must also be provided.

  2. Security Deposit Notice:

    • If the security deposit exceeds $100, it must be held in an interest-bearing account, and the landlord must notify the tenant of the bank’s name and address.
    • The maximum amount for a security deposit is up to two months’ rent.
    • Security deposits must be returned within 30 days after the lease terminates.

  3. Notice of Abandoned Personal Property:

    • Landlords must notify tenants of any property presumed abandoned and must retain or store it for at least ten days from the date of the notice.

Optional Disclosures and Addenda

While not required by law, the following disclosures and addenda are recommended to assist with tenant management and limit landlord liability:

  • Asbestos Disclosure: Informs tenants about any asbestos hazards.
  • Bed Bugs Disclosure: Informs tenants of any history of bed bug infestation.
  • Landlord’s Name and Address: Specifies the landlord’s contact information for legal notices.
  • Late/Returned Check Fee: Specifies any fees related to late payments or returned checks.
  • Medical Marijuana Use Policy: Informs tenants about the policy regarding medical marijuana use on the property.
  • Mold Disclosure: Informs tenants about any mold contamination and remediation efforts.
  • Move-in Checklist: Provides an inventory of existing property damage upon move-in.
  • Non-Refundable Fees: Any non-refundable fees must be disclosed and agreed upon in the lease.
  • Shared Utilities Arrangements: Discloses how utilities are billed in multi-unit properties.
  • Smoking Policy: Informs tenants of designated smoking areas.

Consequences of Not Including Mandatory Disclosures

Failure to provide required disclosures can lead to legal consequences or monetary penalties for landlords. For example, non-compliance with the federal lead-based paint hazard disclosure can result in fines of tens of thousands of dollars per violation.

Security Deposit Laws

  • Maximum Amount: Landlords can charge a security deposit of up to two months’ rent.
  • Collecting Interest: Any security deposit over $100 must be held in an interest-bearing account, with interest paid out annually to the tenant.
  • Receipt: Tenants must be notified of the bank where the security deposit is held.
  • Returning: Security deposits must be returned within 30 days after the lease ends.

Rent Payment Laws

  • Grace Period: There is no state-mandated grace period for rent payments.
  • Maximum Late Fee: There are no restrictions on late fees, but landlords may charge up to $50 for a returned check unless actual bank charges exceed this amount.

Terminating a Lease

  • Month-to-Month Tenancy: Either party can terminate the tenancy with a 30-day notice.
  • Unclaimed Property: If a tenant leaves property behind, the landlord must store it and send a written notice requiring retrieval within 10 days.

FAQs

A Pennsylvania residential lease agreement is a legal contract between a landlord and a tenant for renting residential property for a specified period, typically covering a term of one year. This document outlines the terms of the rental, including payment details and responsibilities of both parties.

In Pennsylvania, landlords must include several mandatory disclosures in lease agreements, such as the Lead-Based Paint Disclosure for properties built before 1978 and a notice regarding security deposits. Additional recommended disclosures include information about asbestos, bed bugs, and the landlord’s contact details.

In Pennsylvania, landlords can charge a maximum security deposit of up to two months’ rent. This deposit must be returned to the tenant within 30 days after the lease ends, with any deductions for damages clearly itemized.

No, lease agreements in Pennsylvania do not need to be notarized to be valid. However, having a notary can help establish the identities of the parties involved in case of disputes.

Yes, a lease can automatically renew in Pennsylvania. Most rental agreements will transition to a month-to-month rental agreement after the initial term ends, maintaining the same basic terms and conditions.

Failing to include mandatory disclosures in a Pennsylvania lease can lead to legal consequences for landlords, including potential fines and penalties. For example, not providing the required lead-based paint disclosure can result in fines of tens of thousands of dollars per violation.

No, Pennsylvania law does not require a grace period for rent payments. It is advisable for landlords to specify any grace period in the lease agreement to avoid confusion.

A rental application in Pennsylvania typically includes information about the potential tenant’s rental history, employment details, and credit history. This helps landlords assess whether the applicant can meet their rental obligations.