What a Landlord Cannot Do in Pennsylvania: Key Rules Explained

It’s easy to assume landlords have all the power in a lease—but in Pennsylvania, that’s far from true. The state walks a tightrope between giving landlords control over their rental property and ensuring tenants aren’t left in the dark when it comes to their rights.

Whether you’re managing a rental unit or signing a lease agreement, knowing where the law draws the line isn’t optional—it’s essential. A small misstep, like mishandling a security deposit or skipping proper notice, can spiral into legal trouble.

Pennsylvania landlord-tenant laws, backed by federal protections, are designed to keep the rental process fair, transparent, and livable for everyone involved.

So what exactly can’t a landlord do in Pennsylvania? You’re about to find out.

What a Landlord Cannot Do in Pennsylvania?

1: A Landlord Cannot Evict a Service Member from the Rental Property

Pennsylvania landlords must tread carefully when renting to tenants on active military duty. The Servicemembers Civil Relief Act (SCRA) offers federal protections that shield service members from eviction due to unpaid rent—but only under specific conditions.

If a tenant signed the lease before entering active duty, and the rent doesn’t exceed a federally set monthly cap, eviction cannot happen without first getting approval from the court. This isn’t just a guideline—it’s a legal requirement.

The court may delay the eviction or even halt it altogether, depending on the tenant’s service-related obligations.

These protections don’t give service members a free pass for all lease violations. For instance, if a tenant on active duty damages the property or repeatedly violates lease terms, a landlord may still initiate the legal eviction process—so long as it isn’t tied to missed rent and follows proper procedure.

The law also supports mobility for military families.

If a tenant receives deployment orders or is reassigned to a different base, they have the right to terminate their lease early without penalty. This clause ensures that their military service doesn’t trap them in a contract they can no longer fulfill.

It’s important to note: if a landlord files for eviction, they must inform the court if the tenant is in the military. Failing to do so can delay the case or lead to penalties.

2: Having Excessive Late Fees in Lease Agreements is Illegal

Just because a lease includes a late fee doesn’t mean it will hold up in court.

In Pennsylvania, landlords can’t simply throw in a sky-high penalty for missed rent and expect it to stick. While there’s no exact dollar limit written into Pennsylvania landlord tenant laws, that doesn’t give landlords a blank check.

Instead, the law takes a more practical approach—late fees must reflect actual losses. That might include administrative costs for processing overdue payments or temporary cash flow issues, but nothing more.

If the charge feels more like a punishment than a reimbursement, a judge may toss it out altogether.

What’s also important: daily late fees aren’t allowed.

Charging tenants for every extra day their rent is late may sound like a way to encourage timely payments, but daily charges cannot be used as a penalty and must be reasonably related to the landlord’s actual damages.

That’s why transparency matters. If you’re a landlord, spell out your late fee policy in clear, written lease terms. Tenants have a right to understand when fees apply, how much they’ll owe, and how those charges are calculated.

Ambiguity or surprise charges can lead to disputes, and courts tend to side with clarity over confusion.

3: The Fair Housing Act Mandates Equal Housing Rights

Choosing a tenant isn’t about personal preference—it’s about legal compliance. In Pennsylvania, landlords can’t turn someone away based on who they are, what they believe, or who lives with them.

Housing isn’t a privilege reserved for a select few; it’s a right protected by both federal and state law.

Under the Fair Housing Act, landlords are strictly prohibited from discriminating based on race, color, religion, sex, national origin, disability, or familial status. That means rejecting a prospective tenant simply because they have children, practice a particular religion, or rely on a wheelchair is against the law.

Pennsylvania adds another layer of protection through the Pennsylvania Human Relations Act. This state law includes additional categories that landlords must respect—such as age (specifically for individuals over 40) and the use of support animals.

Refusing to rent to someone because they rely on a guide dog or emotional support animal is not only discriminatory—it’s illegal.

These protections apply across every stage of the rental process—from advertising and tenant screening to lease agreements and property maintenance.

Violations can lead to serious consequences, including lawsuits, fines, and legal costs that far outweigh any potential “benefit” of discriminatory behavior.

4: Landlords Must Give Notice Before Entering Rental Property

Renting out a property doesn’t mean landlords have free rein to come and go as they please.

Once a lease is signed, the tenant has a legal right to privacy—and that includes control over who enters their home and when.

Pennsylvania law makes it clear: landlords must provide reasonable notice, usually at least 24 hours in advance, before entering a rental unit. The notice should explain why the entry is necessary, along with the expected date and time.

Whether it’s for a routine inspection, repairs, or showing the property to prospective tenants, the reason should be clear and legitimate.

Timing matters too.

Entry should generally happen during standard business hours, not at night or during weekends when tenants are likely to be home and off-duty. Most landlords stick to the 9 a.m. to 5 p.m. window to avoid conflicts—and so should you if you’re managing a rental property.

Emergencies, like burst pipes or fire hazards, are the exception. In urgent situations, landlords can enter without prior notice, but even then, respect and communication afterward are key.

Repeated unannounced visits or entering without a valid reason can quickly lead to claims of harassment or invasion of privacy. For tenants, this can feel intrusive.

For landlords, it can lead to legal consequences and damage the trust built through the lease agreement.

5: There Are Penalties for Breaking a Lease Early

Life doesn’t always follow a lease’s timeline. Whether it’s a job relocation, a relationship change, or an unexpected financial shift, tenants sometimes need to move out before the lease ends.

But breaking a lease isn’t a free exit—and Pennsylvania law draws a line between fair penalties and excessive punishment.

While lease agreements often include early termination clauses, landlords can’t impose sky-high fees or automatically keep the entire security deposit unless they can prove actual damages.

Common penalties may include one or two months’ rent or, in some cases, the rent due for the remainder of the lease—but only if that amount is reasonable and clearly written into the agreement.

Unlike some states, landlords in Pennsylvania aren’t legally required to find a new tenant to reduce losses. That means they can pursue legal remedies for unpaid rent after a lease break, but only within reason.

If the tenant’s property was left in good condition and the rental unit was quickly re-rented, holding on to the full deposit or demanding months of rent may be hard to justify.

To avoid disputes, lease terms around early termination should be transparent and specific. Vague language or sudden charges after move-out could be challenged in court—and often are.

6: Proper Notice Must Be Given Before Rent Increases

Rent doesn’t just go up out of nowhere. In Pennsylvania, landlords are legally required to give tenants a heads-up before making any changes to the amount they’re expected to pay.

This isn’t just a courtesy—it’s part of their legal obligations under state law.

The required notice depends on the lease length.

For tenants on a month-to-month rental agreement or any lease shorter than a year, landlords must provide at least 30 days’ written notice before increasing rent. For leases that last a year or more, the notice period extends to 60 days if mentioned in the lease agreement else it can only be applied after the lease expires.

Surprising tenants with a rent bump—especially after they’ve already paid—won’t hold up. Rent increases must always be communicated ahead of time, and never applied retroactively.

Attempting to raise rent without warning could violate tenant rights and potentially lead to legal challenges.

Clear, written notice helps maintain a professional landlord-tenant relationship and gives renters a fair opportunity to prepare or respond.

If you’re managing a rental property, following these rules doesn’t just keep you compliant—it also keeps your tenants informed and your lease agreements enforceable.

7: Security Deposit Guidelines Must Be Respected

When a tenant hands over a security deposit, it’s not a gift—it’s a form of trust. And in Pennsylvania, that trust is backed by law.

Landlords can’t just collect whatever amount they want or delay returning it without consequences.

State law sets clear limits.

For the first year of a lease, landlords may require no more than two months’ rent as a security deposit. After that, the maximum drops to one month’s rent, reflecting the reduced risk as the landlord-tenant relationship continues.

Anything beyond these limits crosses legal lines.

When a lease ends, the clock starts ticking. Landlords must return the security deposit within 30 days, and if any amount is withheld for damages or unpaid rent, they’re required to include an itemized list explaining each deduction.

Simply keeping the money without explanation is not just unprofessional—it can open the door to lawsuits and financial penalties.

If the landlord fails to comply with these requirements, Pennsylvania law allows tenants to pursue the full return of the deposit, along with possible damages that can exceed the original amount.

8: Neglecting Landlord Maintenance Duties is Prohibited

A fresh coat of paint won’t cover up a broken heater in the middle of winter.

Pennsylvania landlords have a legal duty to provide more than just four walls and a roof—they must offer a habitable property that meets basic health and safety standards.

This includes timely attention to necessary repairs, ensuring essential services like water, heat, and electricity are working, and fixing any hazards that could put tenants at risk.

If the rental unit becomes unsafe or unsanitary, the landlord can’t simply wait it out or pass the problem on.

Tenants may be expected to handle minor upkeep—like changing light bulbs or keeping the space clean—but they can’t be held responsible for major fixes. Any lease terms attempting to shift the burden of serious maintenance, such as plumbing or electrical issues, are unenforceable under Pennsylvania law.

When landlords ignore their responsibilities, tenants aren’t powerless.

They may have the right to withhold rent, seek legal remedies, or request that the court compel the landlord to perform repairs. In some cases, neglect can even justify early lease termination.

9: Landlords Must Respect Squatter’s Rights

It might seem outrageous—someone living in your property without a lease or rent payment—but even squatters have rights under Pennsylvania law.

While it’s tempting to handle the situation personally, landlords can’t simply change the locks or throw belongings out onto the curb. Doing so could land you in legal trouble rather than solving the problem.

Pennsylvania recognizes limited squatter’s rights, especially when someone has occupied a property continuously, openly, and without permission for an extended period. If that possession lasts for 21 years and meets specific legal conditions, a squatter may even claim ownership through adverse possession—though this is rare and difficult to prove.

Still, property owners don’t need to treat squatters like tenants.

Unlike formal renters, squatters aren’t protected by the same notice periods or lease terms. However, landlords must still go through the legal eviction process, which includes serving notice, filing a claim in court, and securing a judge’s order before removal.

Skipping this process and trying to force someone out without due process can violate Pennsylvania landlord tenant laws and result in legal penalties.

No matter how frustrating the situation, eviction—handled properly through the courts is the only lawful route.

10: There Are Rules for Credit and Consumer Checks

Running a background or credit check might feel like a routine part of tenant screening but there’s nothing casual about it under the law.

In Pennsylvania, landlords are allowed to assess a tenant’s financial reliability, but only if they follow strict legal procedures.

Before pulling a credit or consumer report, landlords must first get the tenant’s written consent. This isn’t just a formality—it’s a requirement under the Fair Credit Reporting Act(FCRA), a federal law that governs how personal information is collected and used.

Skipping this step, or using the data irresponsibly, can lead to serious legal consequences.

Credit information must also be applied fairly. Using it as a pretext for housing discrimination, whether based on race, religion, or familial status, is strictly prohibited.

All prospective tenants must be evaluated by the same standards, and landlords must avoid cherry-picking data to justify biased decisions.

If a landlord decides to reject an applicant based on the contents of a credit report, they are also required to notify the applicant and provide details on how they can obtain a copy of the report or dispute inaccuracies.

11: Landlords Cannot Violate the Warranty of Habitability

Peeling paint and a flickering light might be minor annoyances—but broken heating in the middle of winter or mold-infested walls cross the line into something more serious. In Pennsylvania, every tenant has the right to live in a space that’s not just affordable, but livable.

This expectation is backed by what’s known as the warranty of habitability.

It’s a legal standard that requires landlords to provide a habitable living environment, meaning the rental unit must meet basic health and safety standards. This includes working plumbing, safe electrical systems, adequate heating, and protection from pests or structural hazards.

When landlords fail to uphold this responsibility, tenants aren’t stuck.

In some cases, they may withhold rent, file complaints, or pursue court-ordered repairs—especially if the landlord refuses to address the issue after receiving proper notice. In severe situations, it may even justify early lease termination.

Landlords cannot shift these core duties onto tenants or ignore repeated requests for maintenance.

Providing a safe, functional space isn’t just good business—it’s a legal obligation under Pennsylvania landlord tenant laws.

Conclusion

Whether you’re managing a rental property or signing a lease, understanding what a landlord cannot do in Pennsylvania is key to maintaining a fair, respectful, and legally sound relationship. From honoring privacy rights to avoiding discriminatory practices and upholding habitability standards, the law draws clear lines to protect tenants and guide landlords.

Disputes can escalate quickly when rights are overlooked or misunderstood. That’s why staying informed—and seeking legal guidance when necessary—isn’t just smart, it’s essential for everyone involved.

If you’re a landlord, attorney, or company needing to verify a tenant’s military status for SCRA protections, visit SCRACVS for fast, accurate, and court-accepted verification services. Protect your process and stay compliant with federal law.

FAQs

Can a landlord lock you out in Pennsylvania?

No, landlords in Pennsylvania cannot lock you out of your rental unit without a court order. This is considered an illegal self-help eviction and violates Pennsylvania landlord tenant laws. Even if you’re behind on rent or have violated lease terms, your landlord must follow the legal eviction process, which includes proper notice and a court judgment.

What is considered landlord harassment in Pennsylvania?

Landlord harassment can take many forms, including frequent unannounced visits, threats, withholding essential services, or trying to pressure a tenant to leave without going through proper legal steps. In Pennsylvania, such behavior disrupts the landlord tenant relationship and may violate fair housing practices. Repeatedly ignoring requests for necessary repairs or tampering with a tenant’s lease rights could also be seen as harassment. Tenants facing this issue should document incidents and consider seeking legal remedies under Pennsylvania law.

Can a landlord in Pennsylvania evict a tenant without going through the court system?

No, landlords in Pennsylvania are not permitted to evict tenants without using the court system. Even if there is unpaid rent or a breach of lease terms, the landlord must serve proper notice, file a formal complaint, and obtain a court-issued eviction order. Attempting to remove a tenant without legal proceedings—such as by changing locks or removing personal property—is unlawful and can result in legal penalties under Pennsylvania landlord tenant laws.

Is it legal for a landlord to refuse to make necessary repairs in Pennsylvania?

Refusing to make necessary repairs is a violation of the warranty of habitability, a legal requirement under Pennsylvania law. Landlords must maintain habitable property conditions, including working plumbing, heat, and a safe structure. If a landlord fails to meet these landlord obligations, tenants may have the right to withhold rent, request repairs through legal channels, or even break the lease in severe cases. Lease clauses trying to shift repair responsibility to tenants are typically unenforceable.