Protect Yourself Before You Move In

_Before you move into a rented home or apartment, be sure to do a walk through with the owner or property manager. When you move out, the landlord may attempt to charge you for "damages" to the unit. What defines damages is often contested and the tenant, unless they have a move-in-checklist and pictures, may lose out in court.

A landlord can only withhold for damages only amounts that are deemed reasonable for the damage claimed. If a defect existed before you moved in, you should not be charged for that particular problem. The importance of pictures and a move-in checklist cannot be stressed enough.

Security Deposit

A security deposit is money which actually belongs to the tenant, but is held by the landlord for protection against damages other than normal wear and tear or unpaid rent. If no damage occurs a tenant is generally entitled to have his security deposit returned.

In Pennsylvania, a landlord is required to provide an old tenant with written documentation showing why a portion of a security deposit is being kept.  This must be done within thirty days by the landlord of the tenant's leaving the property.  A landlord may only "charge" a tenant for damage to a property, not for normal wear and tear.  A tenant must provide a forwarding address to the landlord so that the list or security deposit may be properly accounted.

Normal wear and tear is usually considered to include such things as faded paint and normal tread marks on carpeting. Damage to a rental property, something for which the tenant is usually liable, may include such things as broken windows, holes in walls, and broken or missing blinds and curtains. Remember, a landlord is generally only entitled to keep the portion of the security deposit that is considered reasonable for making the required repair.

Pennsylvania law places a limit on the amount of a security deposit that a landlord may charge. During the first year of a lease the landlord may not require a security deposit of more than two months' rent. At the beginning of the second year of a lease the landlord may not keep a security deposit equal to more than one month's rent and must return any money over one month's rent which the landlord still has. After five years the landlord cannot increase a security deposit even though the monthly rent is increased.

Pet Deposit
In most states, there is no law prohibiting a landlord from charging an extra fee as a pet deposit . This additional fee may be NON-REFUNDABLE. 

The pet deposit may be:
  • Non-refundable
  • In addition to the security deposit
  • May not be charged if you have a service animal certified for your disability
  • Based on the number of pets
  • Based on the size of pets
  • Based on the types of pets

Paying Rent

Although it is generally legal for a landlord to require that rent be paid at other times, or at other intervals, rental payments are usually due to a landlord on the first day of the month. A landlord can only raise rent in a lease agreement (an agreement that is not on a month-to-month rental) if the lease expires, if the current lease provides for such an increase, or if the tenant agrees to the change. In a month-to-month lease the landlord can generally raise rent by providing the tenant with proper written notice, which is often a 30-day period.

If a tenant fails to pay rent on time a landlord may generally terminate the rental agreement. There is no law that establishes a "late period" for rental payments, although that is something that a landlord could certainly offer as part of a rental agreement.

Evictions

_Pennsylvania’s Landlord and Tenant law says that you can be evicted if
  • You don’t pay rent
  • You don’t live up to your end of the written or oral lease agreement
  • The time for which you rented your dwelling is up, and the landlord wants you to move.

If you have a written lease, you have a right to stay in the residence until the end of the lease term, as long as you live up to your end of the lease. If you do not have a written lease, in most circumstances the law considers you to have an oral month-to-month lease. Either you or your landlord can terminate the lease at the end of any month, for any reason or for no reason.

Tenant Duties

_If a tenant notices repairs that are needed inside a rental unit, they have a responsibility to inform the landlord of the problem and request that it be fixed. In most situations a simple phone call will do. If a phone call does not result in a resolution, a tenant may need to make a repeated request. It is a good idea to make the repeated requests in writing or to make a record of attempted phone calls. If, after repeated requests by telephone or in writing, the situation has still not been resolved, it is likely time to engage an attorney's services.

Other duties of a tenant include keeping his or her unit in good shape, keeping his or her property clean and sanitary, respecting neighbors' privacy and rights, respecting common areas, and paying rent in a timely manner.

A tenant in a rental unit also has privacy rights that must be respected by the landlord. A typical rental agreement or lease should contain a provision governing the right of a landlord to enter a property and the notice that must be given to a tenant before entry. In an emergency situation, a landlord may have a right to simply enter a unit. Similarly, if the landlord is entering the rental unit to make repairs, particularly repairs that a tenant requested, they may have a right to simply knock and enter. 

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