Rent increases are always a point of concern for tenants, and in Pennsylvania, understanding the rules around rent hikes is essential for renters. Unlike some other states or major cities like New York or San Francisco, Pennsylvania does not have statewide rent control or rent stabilization laws.
This means that landlords have the freedom to raise rents based on market conditions, but they must follow certain notice requirements.
In this article, we will break down what tenants need to know about rent increases in Pennsylvania, the rights and protections they have, and how the rental market works.
No Rent Control or Stabilization in Pennsylvania
In Pennsylvania, there are no statewide laws that limit how much landlords can increase rents or how often they can raise them. This means that rent prices are generally determined by the rental market, where supply and demand dictate the rent level. Landlords are free to raise rents as they see fit, but they must follow specific rules when doing so.
Tenant advocacy groups in larger cities like Philadelphia and Pittsburgh have called for rent control laws to protect renters from large and frequent rent hikes. However, as of now, no such laws have been passed at the state level.
Rent Increase Notice Requirements
While there is no limit to how much or how often landlords can raise rent, they are still required to follow certain notice requirements. In Pennsylvania:
For monthly leases, landlords must give at least 30 days’ notice before raising the rent.
For leases longer than one month, such as quarterly or annual leases, landlords must give 60 days’ notice.
This notice must be in writing and clearly state the amount of the rent increase and the date when it will take effect.
Verbal notice is not sufficient, and failure to provide proper notice could mean that the landlord cannot raise the rent until the correct notice period has been met. Tenants have the right to challenge a rent increase if the landlord does not follow these requirements.
Limits on Security Deposits
Pennsylvania law also sets limits on the amount a landlord can charge for a security deposit. For unfurnished units, the maximum security deposit cannot exceed two months’ rent. For furnished units, the deposit is capped at three months’ rent.
The security deposit acts as a safeguard for landlords in case of property damage or unpaid rent. However, it belongs to the tenant and must be returned within 30 days after they move out, minus any deductions for damages or unpaid rent.
Tenants should conduct a walkthrough inspection with the landlord at the start and end of their lease and document the condition of the unit to avoid disputes over the security deposit.
Rent Increase Frequency and Amount
Pennsylvania does not set any limits on how often a landlord can raise the rent. Rent increases can occur as frequently as the landlord desires, as long as the proper notice is provided each time. Some landlords might raise rents just once a year, while others could choose to increase rent multiple times per year.
Landlords can increase rent by any amount that they deem appropriate, and there is no cap on the percentage increase. However, market conditions often act as a natural limit—landlords are unlikely to increase rents too much, as excessively high rents may drive tenants away or discourage potential renters.
Although landlords can raise rents to market levels when a lease ends, they are also mindful of maintaining long-term tenants.
Tenant Rights and Protections in Pennsylvania
While Pennsylvania does not have rent control laws, it does provide tenants with several important rights and protections:
Right to Habitability: Landlords must provide safe and habitable housing, which includes providing hot water, heating, electricity, and making sure there are no major structural issues. If the housing is uninhabitable, tenants can withhold rent until the issue is fixed.
Protection Against Retaliation: Landlords cannot retaliate against tenants who assert their legal rights, such as requesting repairs or filing complaints. Retaliation can include actions like eviction, shutting off utilities, or harassment.
Anti-Discrimination: Landlords cannot refuse to rent to tenants based on protected characteristics such as race, gender, religion, disability, or family status. Tenants who believe they are victims of discrimination can file complaints with the Pennsylvania Human Relations Commission.
Withholding Rent: If landlords fail to maintain essential services, such as heat or water, tenants can withhold rent following proper procedures. Tenants must first notify the landlord of the issue in writing and give the landlord reasonable time to fix the problem.
Late Fees: If rent is paid late, landlords can charge a late fee, typically between 5-10% of the monthly rent amount. Tenants should be mindful of due dates to avoid accumulating late fees, which can become expensive.
Rental Licenses and Local Regulations
While Pennsylvania does not require landlords to have a state rental license, many local municipalities have their own rental licensing and inspection requirements. For example:
Philadelphia: All rental properties must be licensed and inspected.
Pittsburgh: Properties with three or more units must obtain a rental license.
Scranton: Residential rental units must be registered and licensed.
Tenants should verify that their rental property complies with local licensing requirements and request an inspection if necessary.
Resources for Tenants
There are several organizations in Pennsylvania that provide legal support and advocacy for tenants facing rental issues:
Community Legal Services (CLS): Offers free legal assistance to low-income tenants in Philadelphia.
Regional Housing Legal Services: Provides legal support across several counties in Pennsylvania.
Tenant Union Representative Network (TURN): Organizes tenant unions and advocates for tenant rights.
Make the Road Pennsylvania: Supports immigrant and working-class communities with legal services and advocacy.
These organizations can help tenants understand their rights, especially in cases of illegal rent increases or wrongful evictions.
In Pennsylvania, there are no statewide rent control laws, which means landlords have significant freedom to raise rents. However, tenants are protected by notice requirements, limits on security deposits, and certain rights related to habitability and retaliation.
While tenants have fewer protections compared to those in cities with rent control laws, there are resources available for those facing issues with their landlords. Tenants should be proactive in understanding their rights, preparing for potential rent increases, and utilizing available legal support.