Pennsylvania Lease Agreement Review
Pennsylvania's Landlord and Tenant Act of 1951 is short on rules about entry, late fees and rent increases, but specific about deposits. It caps them on a sliding scale by lease year, freezes them after five years, requires escrow and interest after two years, and gives landlords 30 days to account for any damage. Because so much is left to the lease, a careful read of the fee and repair clauses matters more here.
Security deposit
2 months (first year), 1 month after
Entry notice
No statutory notice period
Security deposits in Pennsylvania
Pennsylvania caps deposits at two months’ rent in the first year and one month thereafter, and sets no general entry-notice statute.
Pennsylvania lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Pennsylvania
Pennsylvania does not fix an entry-notice period by statute, so the lease controls, which makes the entry clause worth reading closely. A fair lease should still require reasonable advance notice (at least 24 hours) for non-emergency entry.
Habitability and repairs in Pennsylvania
Like nearly every state, Pennsylvania recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
How does the Pennsylvania deposit cap change over time?
Under 68 P.S. 250.511a, a landlord may hold no more than two months' rent in the first lease year and no more than one month's rent from the second year or any renewal onward. Once you have lived in the unit five years or more, a rent increase cannot be used to raise the deposit. These limits cannot be waived in the lease.
Under 68 P.S. 250.511b, deposits over $100 go into an escrow account, and the landlord must tell you the bank's name and address and the amount. After the second anniversary, interest belongs to you, less a 1% annual administrative fee, paid each year on the lease anniversary.
What happens at move-out in Pennsylvania?
Under 68 P.S. 250.512, the landlord has 30 days after the lease ends or you surrender the premises, whichever is first, to send a written list of damages and pay any balance. Miss the list, and the landlord loses the right to keep deposit money for damage or to sue you for it. Miss the payment, and you can recover double the amount by which the deposit exceeded actual damages.
Give your new address in writing when you leave; without it, the landlord is released from liability under this section.
Pennsylvania sources checked 2026-10-09: 68 P.S. 250.511a, deposit caps (FindLaw) · 68 P.S. 250.511b, escrow and interest (FindLaw) · 68 P.S. 250.512, return of deposit (FindLaw). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Pennsylvania lease
- Security deposit vs the Pennsylvania limit, and the return terms
- Landlord entry notice against Pennsylvania requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Pennsylvania lease FAQ
How much can a landlord charge for a security deposit in Pennsylvania?
As of October 2026, the security-deposit rule in Pennsylvania is: 2 months (first year), 1 month after. Pennsylvania caps deposits at two months’ rent in the first year and one month thereafter, and sets no general entry-notice statute. Deposit caps change, so confirm the current figure, ClauseAudit checks it against Pennsylvania law when you run your lease.
How much notice must a landlord give before entering in Pennsylvania?
Pennsylvania does not set a fixed entry-notice period by statute, so the lease and your right to quiet enjoyment control. Best practice, and what a fair lease should require, is at least 24 hours’ advance notice for non-emergency entry.
Can a Pennsylvania lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Pennsylvania lease; it does not override your rights.
How much can a landlord charge as a security deposit in Pennsylvania?
Pennsylvania caps it: 2 months (first year), 1 month after. Pennsylvania caps deposits at two months’ rent in the first year and one month thereafter, and sets no general entry-notice statute. That figure is unusual, shared with no other jurisdiction in this dataset. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to Pennsylvania treat deposits the same way?
No, and the gap can be large: Delaware (1 month (leases of a year or more)), Maryland (1 month (since October 2024)), New Jersey (1.5 months), New York (1 month (HSTPA, 2019)). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than Pennsylvania's.
Is there anything specific to Pennsylvania tenants should know?
Pennsylvania caps deposits at two months’ rent in the first year and one month thereafter, and sets no general entry-notice statute. With no statutory notice period for entry, the access clause in the lease is what governs, so read it rather than assuming a default.
Is there a cap on late fees in Pennsylvania?
The state landlord-tenant statute sets no specific late fee limit, so the amount, grace period and trigger date in your lease are what will govern. Local rules may add requirements in some cities, so check those too. Treat the late fee clause as a term to negotiate before you sign.
Can a Pennsylvania landlord raise my deposit when my rent goes up?
During the first five years, the deposit can rise only within the cap for that lease year: two months in year one, one month after. Once you have lived there five years or more, 68 P.S. 250.511a says a rent increase does not require any matching increase in the deposit.
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Deposit rules in neighbouring states
Deposit limits are set state by state, and 6 of the 6 states bordering Pennsylvania use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
Pennsylvania landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against Pennsylvania law when you run your lease, and you should confirm anything critical with a qualified Pennsylvania attorney.