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Why Pennsylvania Laws Don’t Favor Tenants – and What You Can Do About It

5 min read
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Overall, Pennsylvania is considered a landlord-friendly state, meaning that tenants don’t enjoy the same legal rights in terms of rent control and landlord right to entry as their counterparts in other parts of the US. However, tenants remain protected by many important rights, some of which you may not even be aware of. Plus, there are several steps you can take to help move the scales a little more in your favor to ensure you enjoy the best – and fairest – experience as a tenant possible.

No Current Rent Controls in Place

While some states have rent controls in place, Pennsylvania isn’t currently one of them. Rent control regulations limit the amount by which a landlord can increase the rent payable on a property and even limit how much money a landlord can charge overall in rent. These regulations also put an upper ceiling on what a landlord can charge to renew an existing lease, thereby offering really important protection and peace of mind for tenants.

Without rent control laws, Pennsylvania is generally considered a landlord-friendly state, which isn’t great news for those seeking to rent here. However, campaigns are currently underway to change this, with organizations such as the Philadelphia Tenants Union calling loudly for the establishment of rent control regulations throughout the state. So things could change soon.

Right to Entry

As well as the absence of rent control regulations, there are no laws in Pennsylvania regarding the landlord’s right to enter the property. This means that your new landlord is permitted to enter your home at will and without notice, as long as they are doing so for a reasonable purpose. However, most landlords follow a notification-before-entry policy despite not being legally required to do so. As in other states, no notification is required in the event of an emergency.

Moving the Scales in Your Favor

Just because Pennsylvania is a landlord-friendly state right now doesn’t mean there aren’t steps you can take as a tenant to shift the scales more in your favor.

Know Your Rights

You may have more legal rights and protections than you’re aware of. As well as the right to live in a habitable, safe property, your landlord also has a legal responsibility to respond to any complaints or concerns you may have and to resolve maintenance issues promptly. You also have the right to quiet enjoyment and privacy and to fight an eviction should the worst happen – more on this below.

Get Renters Insurance

While taking out a renters insurance policy isn’t a legal requirement it is very recommended to have renters insurance in PA. Plus, many landlords make having insurance a condition of the rental agreement. Where this is the case, it’s vital to purchase renters insurance as, if you don’t, you’ll be contravening your lease and could face the threat of eviction.

This aside, renters insurance is an effective and affordable way to protect your personal possessions from damage and theft, and many policies will also cover you should a visitor to your home suffer an accident or injury. Be sure to shop around for a policy, though, to get the best option for your needs and budget.

Go Through the Rental Agreement Carefully

One of the best ways to even up the scales as a tenant is to read your rental agreement closely, even the dreaded small print. Should there be any hidden clauses relating to, maybe, additional security deposits and rent chargeable for a pet or the circumstances in which your deposit may be withheld, it’s vital to know about this upfront. If in doubt, seek legal advice before signing on the dotted line. No one likes nasty surprises.

Fighting Potential Eviction

In Pennsylvania, a landlord can file to evict a tenant in the case of non-payment of rent or lease violation. In the former, ten days’ notice must be given to the tenant before filing for eviction, and fifteen days in the case of the latter.

Low-income tenants have the right to free counsel if threatened with eviction – this right, passed in a bill by the Philadelphia City Council in 2019, aims to ensure that all tenants can access both legal advice and representation to potentially help them fight an eviction process.

Final Thoughts

Pennsylvania laws may not favor tenants as much as those of some other states, but it’s important to remember that, as a tenant, you enjoy many legal protections designed to ensure you’re able to live peacefully in a safe, healthy, habitable home. The key thing is awareness: being up to speed on the details of a potential new lease, and how the law protects you as a tenant is the best way to ensure parity and a smooth renting experience.

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