Pennsylvania Commercial Lease Disclosures
What disclosures are required for Pennsylvania commercial leases? Understand the differences from residential leases and local rules like Philadelphia's Comm...
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Governed primarily by the Landlord and Tenant Act of 1951 (effective April 6, 1951), commercial disclosures in Pennsylvania operate heavily on the principle of caveat emptor ("let the buyer beware"). Unlike residential real estate—where the landlord is legally mandated to disclose hazards like lead-based paint to protect consumers—commercial leasing imposes very few mandatory disclosures on landlords at the state level.
Commercial tenants are expected to perform robust due diligence before signing a lease. The state imposes very few mandatory disclosures on commercial landlords.
Lack of State-Mandated Disclosures
In Pennsylvania, a commercial landlord is generally not required by state law to volunteer information regarding the condition of the building.
There is no "Seller/Landlord Property Disclosure Statement" required for commercial leasing. If the HVAC system is nearing the end of its life, or the roof has a history of leaks, the landlord does not have to disclose this proactively, provided they do not actively lie or commit fraud to conceal the defects when directly asked.
It is up to the commercial tenant to hire inspectors, engineers, and architects to evaluate the premises before signing a lease that transfers maintenance responsibilities (such as a Triple Net Lease).
Environmental Disclosures
While routine building defects don't require disclosure, commercial landlords and tenants must heavily navigate state and federal environmental laws.
- Phase I Environmental Site Assessments (ESA): Real estate transactions involving commercial/industrial land heavily rely on Phase I ESAs to determine if past activities contaminated the soil or groundwater with hazardous substances.
- While not a landlord "disclosure" per se, a tenant looking to lease an industrial space should demand to see the property's environmental history to avoid liability for pre-existing contamination under laws like CERCLA.
Real Estate Broker Disclosures
If a commercial landlord uses a licensed real estate broker or property manager to lease the space, the broker is bound by the Pennsylvania Real Estate Licensing and Registration Act (RELRA) (63 P.S. §§ 455.101 et seq.).
- Consumer Notice: The licensee must provide a written "Consumer Notice" at the first substantive interview. This document simply discloses the agency relationship—clarifying to the prospective tenant whether the broker represents the landlord, the tenant, or both (dual agency).
City-Specific Mandates: Philadelphia
While state-level commercial disclosures are sparse, municipalities can enact their own requirements. A notable example is Philadelphia.
The Philadelphia Commercial Leasing Notice (Phila. Code § 9-5700)
To protect small business owners who may lack sophisticated legal representation, Philadelphia requires commercial landlords to provide an official Commercial Leasing Notice directly to prospective tenants before executing a lease.
This ordinance (enacted in 2022) mandates that tenants be given a 7-day due diligence period to review the property's zoning and approved uses before signing a lease, unless the tenant is represented by an attorney or a licensed real estate agent.
This notice explains:
- The importance of zoning and obtaining a Use and Occupancy (U&O) certificate.
- The lack of an implied warranty of habitability in commercial leases.
- The severe consequences of a Confession of Judgment clause.
Failure to provide this notice could give the tenant grounds to break the lease or defend against an eviction.
Zoning and Use Compliance
Perhaps the most critical "disclosure" element in commercial leasing is the property's zoning classification.
A landlord should never lease a space to a tenant knowing the tenant's intended business violates municipal zoning codes. The lease should explicitly state the property's current zoning, but commercial leases universally place the burden on the tenant to obtain all required zoning variances, commercial licenses, and Use & Occupancy (U&O) certificates necessary to legally operate their business in the space.
Frequently Asked Questions
▶What are the Pennsylvania landlord-tenant laws every property owner should know?
Pennsylvania's landlord-tenant laws are primarily governed by the Landlord Tenant Act of 1951. While the state provides a strong legal framework protecting both property owners and renters, Pennsylvania is generally considered a landlord-friendly state due to its lack of rent control and relatively straightforward eviction process. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the Pennsylvania eviction process and how long does it take?
The Pennsylvania eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Pennsylvania. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Pennsylvania security deposit rules and return deadlines?
Pennsylvania has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Pennsylvania rent increase laws and caps for landlords?
Pennsylvania has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Pennsylvania has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Pennsylvania?
Pennsylvania has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Pennsylvania state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Pennsylvania landlords provide to tenants?
Pennsylvania landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Pennsylvania lease requirements for rental properties?
Pennsylvania recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Pennsylvania law.
Read the complete guide▶What are Pennsylvania landlord maintenance obligations and habitability standards?
Pennsylvania landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
Read the complete guide📬 Get notified when these laws change
We'll email you when landlord-tenant laws update in No spam — only law changes.
